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Terrorism And The Bill Of Rights, Rodney A. Smolla Apr 2002

Terrorism And The Bill Of Rights, Rodney A. Smolla

Scholarly Articles

In this article, Professor Smolla examines the right to free speech in the context of Black v. Commonwealth, a case which dealt with a Virginia law that banned cross-burning. While the legal doctrines argued in the Black case were certainly important then, they took on a whole new importance in light of the attacks on September 11, 2001. Professor Smolla discusses whether the terrorist attacks should affect the freedoms of speech and expression in America, concluding that, while horrific and life-changing, the attack on America should not alter our First Amendment rights.


The Puffery Of Lawyers, Rodney A. Smolla Mar 2002

The Puffery Of Lawyers, Rodney A. Smolla

Scholarly Articles

Not available.


The First Amendment And The New Civil Liability, Rodney A. Smolla Jan 2002

The First Amendment And The New Civil Liability, Rodney A. Smolla

Scholarly Articles

Not available.


From Hit Man To Encyclopedia Of Jihad: How To Distinguish Freedom Of Speech From Terrorist Training, Rodney A. Smolla Jan 2002

From Hit Man To Encyclopedia Of Jihad: How To Distinguish Freedom Of Speech From Terrorist Training, Rodney A. Smolla

Scholarly Articles

Not available.


Information As Contraband: The First Amendment And Liability For Trafficking In Speech, Rodney A. Smolla Jan 2002

Information As Contraband: The First Amendment And Liability For Trafficking In Speech, Rodney A. Smolla

Scholarly Articles

Not available.


Free Speech Rationales After September 11th: The First Amendment In Post-World Trade Center America, Marin Roger Scordato Jan 2002

Free Speech Rationales After September 11th: The First Amendment In Post-World Trade Center America, Marin Roger Scordato

Scholarly Articles

The tragic events of September 11th generated numerous proposals for greater security measures and increased police powers that might, if implemented, constrict the customary scope of free speech in the United States. Legitimate concerns for internal security have placed increased pressures on traditional constitutional protections for expressive activity. It is against this backdrop that this article presents a careful examination of the basic rationales for adopting constitutional level protections for free speech. The article analyzes the nature of, and many of the conflicts among, the traditional rationales for a constitutional right of free expression. It also suggests that much of …