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Radically Subversive Speech And The Authority Of Law, Steven D. Smith Nov 1995

Radically Subversive Speech And The Authority Of Law, Steven D. Smith

Michigan Law Review

This essay attempts to use a familiar, relatively concrete constitutional question to think about a familiar, relatively abstract jurisprudential question - and vice versa. The constitutional question asks why we should give legal protection to what I will call "radically subversive speech." The jurisprudential question concerns the ancient problem of the legitimacy or authority of law in general. "What is law," as Philip Soper puts the question, "that I should obey it?" I will try in this essay to show that the abstract question sheds light on the more concrete one - and vice versa.


A Coherent Methodology For First Amendment Speech And Religion Clause Cases, Thomas R. Mccoy Oct 1995

A Coherent Methodology For First Amendment Speech And Religion Clause Cases, Thomas R. Mccoy

Vanderbilt Law Review

It seems clear that any deliberate effort by government to impose religious orthodoxy will be held unconstitutional per se. A religiously motivated restriction on disfavored religious practices will be held to violate the Free Exercise Clause. Similarly, a religiously motivated attempt to promote or subsidize favored religious practices will be held to violate the Establishment Clause. These complimentary restrictions are now so ingrained in our political culture that the legislatures rarely transgress them.

The problem that has bedeviled the Supreme Court for many years is that government regulatory schemes and benefit programs designed to serve purely nonreligious objectives inevitably impact …


Old Wine In New Bottles: The Constitutional Status Of Unconstitutional Speech, Mark A. Graber Mar 1995

Old Wine In New Bottles: The Constitutional Status Of Unconstitutional Speech, Mark A. Graber

Vanderbilt Law Review

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. Past censors, however, also relied heavily on principles that libertarians in their generation thought justified almost absolute speech rights. The First Amendment, past and present censors argue, does not fully protect speech in- consistent with what they believe are basic constitutional values. This claim repudiates a basic …


Address To The Ninth Annual Coming Together Of The Peoples Conference Of The Indigenous Students Association: Where Should Lawyers Be When The People Come Together?, Robert Yazzie Hon. Jan 1995

Address To The Ninth Annual Coming Together Of The Peoples Conference Of The Indigenous Students Association: Where Should Lawyers Be When The People Come Together?, Robert Yazzie Hon.

American Indian Law Review

No abstract provided.


Lessons From The Barings Collapse, Sheila C. Bair Jan 1995

Lessons From The Barings Collapse, Sheila C. Bair

Fordham Law Review

No abstract provided.


New York's Son Of Sam Law: Alive And Well Today, Steven P. Vargas Jan 1995

New York's Son Of Sam Law: Alive And Well Today, Steven P. Vargas

Touro Law Review

No abstract provided.


Free Speech: The Status Of The First Amendment, Martin B. Margulies Jan 1995

Free Speech: The Status Of The First Amendment, Martin B. Margulies

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1995

Freedom Of Speech And Press

Touro Law Review

No abstract provided.