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Articles 1 - 22 of 22
Full-Text Articles in Law
The Light Of Nature: John Locke, Natural Rights, And The Origins Of American Religious Liberty, Steven J. Heyman
The Light Of Nature: John Locke, Natural Rights, And The Origins Of American Religious Liberty, Steven J. Heyman
Steven J. Heyman
No abstract provided.
When Is Hate Speech Wrongful? A Comment On Alexander Brown’S Hate Speech As Degradation And Humiliation, Steven J. Heyman
When Is Hate Speech Wrongful? A Comment On Alexander Brown’S Hate Speech As Degradation And Humiliation, Steven J. Heyman
Steven J. Heyman
No abstract provided.
A Struggle For Recognition: The Controversy Over Religious Liberty, Civil Rights, And Same-Sex Marriage (Forthcoming), Steven Heyman
A Struggle For Recognition: The Controversy Over Religious Liberty, Civil Rights, And Same-Sex Marriage (Forthcoming), Steven Heyman
Steven J. Heyman
No abstract provided.
Book Review (Reviewing Thomas Healy, The Great Dissent: How Oliver Wendell Holmes Changed His Mind – And Changed The History Of Free Speech In America (2013)), Steven Heyman
Steven J. Heyman
No abstract provided.
The Conservative-Libertarian Turn In First Amendment Jurisprudence, Steven J. Heyman
The Conservative-Libertarian Turn In First Amendment Jurisprudence, Steven J. Heyman
Steven J. Heyman
Conservative constitutional jurisprudence in the United States has an important libertarian dimension. In recent years, a conservative majority of the Supreme Court has strengthened the constitutional protections for property rights, recognized an individual right to own firearms, imposed limits on the welfare state and the powers of the federal government, cut back on affirmative action, and held that closely held corporations have a right to religious liberty that permits them to deny contraceptive coverage to their female employees. This libertarian streak also can be seen in decisions on freedom of speech and association. In several leading cases, conservative judges have …
To Drink The Cup Of Fury: Funeral Picketing, Public Discourse And The First Amendment, Steven J. Heyman
To Drink The Cup Of Fury: Funeral Picketing, Public Discourse And The First Amendment, Steven J. Heyman
Steven J. Heyman
In Snyder v. Phelps, the Supreme Court held that the Westboro Baptist Church had a First Amendment right to picket the funeral of a young soldier killed in Iraq. This decision reinforces a position that has become increasingly prevalent in First Amendment jurisprudence – the view that the state may not regulate public discourse to protect individuals from emotional or dignitary injury. In this Article, I argue that this view is deeply problematic for two reasons: it unduly sacrifices the value of individual personality and it tends to undermine the sphere of public discourse itself by negating the practical and …
The Dark Side Of The Force: The Legacy Of Justice Holmes For First Amendment Jurisprudence, Steven J. Heyman
The Dark Side Of The Force: The Legacy Of Justice Holmes For First Amendment Jurisprudence, Steven J. Heyman
Steven J. Heyman
Modern First Amendment jurisprudence is deeply paradoxical. On one hand, freedom of speech is said to promote fundamental values such as individual self-fulfillment, democratic deliberation, and the search for truth. At the same time, however, many leading decisions protect speech that appears to undermine these values by attacking the dignity and personality of others or their status as full and equal members of the community. In this Article, I explore where this Jekyll-and-Hyde quality of First Amendment jurisprudence comes from. I argue that the American free speech tradition consists of two very different strands: a liberal humanist view that emphasizes …
The Dark Side Of The Force: The Legacy Of Justice Holmes For First Amendment Jurisprudence, Steven J. Heyman
The Dark Side Of The Force: The Legacy Of Justice Holmes For First Amendment Jurisprudence, Steven J. Heyman
Steven J. Heyman
Modern First Amendment jurisprudence is deeply paradoxical. On one hand, freedom of speech is said to promote fundamental values such as individual self-fulfillment, democratic deliberation, and the search for truth. At the same time, however, many leading decisions protect speech that appears to undermine these values by attacking the dignity and personality of others or their status as full and equal members of the community. In this Article, I explore where this Jekyll-and-Hyde quality of First Amendment jurisprudence comes from. I argue that the American free speech tradition consists of two very different strands: a liberal humanist view that emphasizes …
The Dark Side Of The Force: The Legacy Of Justice Holmes For First Amendment Jurisprudence, Steven J. Heyman
The Dark Side Of The Force: The Legacy Of Justice Holmes For First Amendment Jurisprudence, Steven J. Heyman
Steven J. Heyman
Modern First Amendment jurisprudence is deeply paradoxical. On one hand, freedom of speech is said to promote fundamental values such as individual self-fulfillment, democratic deliberation, and the search for truth. At the same time, however, many leading decisions protect speech that appears to injure these values by attacking the dignity and personality of others or their status as full and equal members of the community. In this Article, I explore where the Jekyll-and-Hyde quality of First Amendment jurisprudence comes from. I argue that the American free speech tradition actually consists of two very different strands: a liberal humanist view that …
The Dark Side Of The Force: The Legacy Of Justice Holmes For First Amendment Jurisprudence, Steven J. Heyman
The Dark Side Of The Force: The Legacy Of Justice Holmes For First Amendment Jurisprudence, Steven J. Heyman
Steven J. Heyman
Modern First Amendment jurisprudence is deeply paradoxical in nature. On one hand, freedom of speech is said to promote fundamental values such as individual self-fulfillment, democratic deliberation, and the search for truth. At the same time, however, many decisions protect speech that appears to harm these values by attacking the dignity and personality of other people or their status as full and equal members of the community. In this Article, I explore where this Jekyll-and-Hyde quality comes from. I argue that the American free speech tradition actually consists of two very different strands: a liberal humanist view that emphasizes the …
Free Speech And Human Dignity, Steven J. Heyman
Free Speech And Human Dignity, Steven J. Heyman
Steven J. Heyman
No abstract provided.
Ideological Conflict And The First Amendment, Steven J. Heyman
Ideological Conflict And The First Amendment, Steven J. Heyman
Steven J. Heyman
According to the prevailing view, constitutional interpretation ideally should consist in the development and application of a single, unified set of principles. This Essay challenges this position in the context of free speech jurisprudence. As the constitutional debates of 1787-91 show, the First Amendment and the Bill of Rights did not reflect a single view, but instead were intended to reconcile conflicting views on the proper relationship between liberty and government. In order to obtain the broad support necessary for adoption, the Bill of Rights was deliberately drafted on the level of general principles that could command a consensus. When …
Spheres Of Autonomy: Reforming The Content Neutrality Doctrine In First Amendment Jurisprudence, Steven J. Heyman
Spheres Of Autonomy: Reforming The Content Neutrality Doctrine In First Amendment Jurisprudence, Steven J. Heyman
Steven J. Heyman
In recent decades, the doctrine of content neutrality has become the cornerstone of First Amendment jurisprudence. In the leading case of Police Department v. Mosley (1972), the Supreme Court declared that speech may "never" be regulated because of its content, for that would be "the essence of . . . censorship." If this view were taken literally, however, it would disable government from regulating speech even when necessary to prevent serious injury to individuals or society. In response to this concern, the Court has carved out several exceptions to the neutrality doctrine. Yet the Justices have never succeeded in explaining …
Natural Rights And The Second Amendment, Steven J. Heyman
Natural Rights And The Second Amendment, Steven J. Heyman
Steven J. Heyman
No abstract provided.
State Supported Speech, Steven J. Heyman
Righting The Balance: An Inquiry Into The Foundations And Limits Of Freedom Of Expression, Steven J. Heyman
Righting The Balance: An Inquiry Into The Foundations And Limits Of Freedom Of Expression, Steven J. Heyman
Steven J. Heyman
Contemporary disputes over the First Amendment often result in deadlock. One side stresses the paramount value of free speech, while the other side points to the harms that particular kinds of speech can cause. It is difficult to see how this impasse can be broken without a more general account of the scope of free expression: a view that integrates both the justifications and the limits of freedom of speech into a coherent whole. This Article makes a start toward developing such a theory. Its central thesis is that freedom of speech is a right that is limited by the …
Foundations Of The Duty To Rescue, Steven J. Heyman
Foundations Of The Duty To Rescue, Steven J. Heyman
Steven J. Heyman
No abstract provided.
Positive And Negative Liberty, Steven J. Heyman
Positive And Negative Liberty, Steven J. Heyman
Steven J. Heyman
No abstract provided.
Aristotle On Political Justice (Symposium), Steven J. Heyman
Aristotle On Political Justice (Symposium), Steven J. Heyman
Steven J. Heyman
No abstract provided.
Natural Rights, Positivism And The Ninth Amendment: A Response To Mcaffee, Steven J. Heyman
Natural Rights, Positivism And The Ninth Amendment: A Response To Mcaffee, Steven J. Heyman
Steven J. Heyman
No abstract provided.
The First Duty Of Government: Protection, Liberty And The Fourteenth Amendment, Steven J. Heyman
The First Duty Of Government: Protection, Liberty And The Fourteenth Amendment, Steven J. Heyman
Steven J. Heyman
No abstract provided.
Note, Content Regulation And The Dimensions Of Free Expression, Steven J. Heyman
Note, Content Regulation And The Dimensions Of Free Expression, Steven J. Heyman
Steven J. Heyman
No abstract provided.