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Full-Text Articles in Law
A Critical Reassessment Of The Case Law Bearing On Congress's Power To Restrict The Jurisdiction Of The Lower Federal Courts, Gordon G. Young
A Critical Reassessment Of The Case Law Bearing On Congress's Power To Restrict The Jurisdiction Of The Lower Federal Courts, Gordon G. Young
Faculty Scholarship
No abstract provided.
The Passive-Aggressive Virtues: Cohen V. Virginia And The Problematic Establishment Of Judicial Power, Mark A. Graber
The Passive-Aggressive Virtues: Cohen V. Virginia And The Problematic Establishment Of Judicial Power, Mark A. Graber
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No abstract provided.
Old Wine In New Bottles: The Constitutional Status Of Unconstitutional Speech, Mark A. Graber
Old Wine In New Bottles: The Constitutional Status Of Unconstitutional Speech, Mark A. Graber
Faculty Scholarship
This Article explores whether contemporary advocates of restrictions on bigoted expression have more in common with contemporary advocates of broad First Amendment rights or with past censors. The critical theorists who would ban some hate speech rely heavily on the equal citizenship principles that radical civil libertarians believe justify almost absolute speech rights. The First Amendment, past and present censors argue, does not fully protect speech inconsistent with what they believe are basic constitutional values. This claim repudiates a basic principle of American constitutionalism, the faith that "self-evident" constitutional values will triumph in the constitutional marketplace of ideas. The ideological …