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Reading Holmes Through The Lens Of Schauer: The Abrams Dissent, Vincent A. Blasi
Reading Holmes Through The Lens Of Schauer: The Abrams Dissent, Vincent A. Blasi
Faculty Scholarship
Even the best scholars rarely persuade. Mostly, they illuminate. They make us more discerning readers and interlocutors.
Here I want to illustrate how Frederick Schauer's work on the law of free speech can help us to read what may be the single most influential judicial opinion ever written on that subject, Justice Holmes's famous dissent in Abrams v. United States. So far as I am aware, Schauer has not produced anything like a line-by-line parsing of the Holmes opinion. I claim nevertheless that a reader familiar with Schauer's ideas is far better prepared on that account to understand what Holmes …
Spending Limits And The Squandering Of Candidates' Time, Vincent A. Blasi
Spending Limits And The Squandering Of Candidates' Time, Vincent A. Blasi
Faculty Scholarship
Today I begin with a narrow agenda, a single idea, but an extravagant ambition. My narrow agenda is that I wish to address only the topic of campaign spending limits, and only the issue of their constitutionality in the face of First Amendment objections. The policy questions regarding whether spending limits are equitable, efficacious, and/or enforceable are deeply difficult and interesting but beyond my ken on this occasion.
My single idea is that spending limits are best justified on the ground that they protect candidates for office from having to devote an inordinate amount of their time to the task …