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Full-Text Articles in Law
The First Amendment At Home And Abroad, Pnina Lahav
The First Amendment At Home And Abroad, Pnina Lahav
Faculty Scholarship
The powerful appeal of the First Amendment flows from the rhetoric it has inspired. Holmes's "[W]hen men have realized that time has upset many fighting faiths, they may come to believe ... that the best test of truth is the power of the thought to get itself accepted in the competition of the market"; Brandeis's " ... the greatest menace to freedom is an inert people; ... order cannot be secured merely through fear of punishment for its infraction; ... it is hazardous to discourage thought, hope and imagination; fear breeds repression; ... repression breeds hate; ... hate menaces stable …
God Talk By Professors Within The Classrooms Of Public Institutions Of Higher Education: What Is Constitutionally Permissible?, Sarah Howard Jenkins, Byron R. Johnson, Otto Jennings Helweg
God Talk By Professors Within The Classrooms Of Public Institutions Of Higher Education: What Is Constitutionally Permissible?, Sarah Howard Jenkins, Byron R. Johnson, Otto Jennings Helweg
Faculty Scholarship
No abstract provided.
The Meaning Of Dissent, Lee C. Bollinger
The Meaning Of Dissent, Lee C. Bollinger
Faculty Scholarship
There is, and has always been, an abiding tension in first amendment theory. At times, freedom of speech is conceived as having a very practical purpose – as implementing a system designed for yielding truth, or good public policy. Thus, Zechariah Chafee wrote that the first amendment protects the "social interest in the attainment of truth, so that the country may not only adopt the wisest course of action but carry it out in the wisest way," and Alexander Meiklejohn spoke frequently of the first amendment as a practical plan for a self-governing society, engendering "wise decisions." This vision of …