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2006

Washington University in St. Louis

Washington University Journal of Law & Policy

Freedom of speech

Articles 1 - 7 of 7

Full-Text Articles in Law

The Move To The Middle: The Enduring Threat Of “Harmful” Speech To The End-To-End Principle, John G. Palfrey Jr., Robert Rogoyski Jan 2006

The Move To The Middle: The Enduring Threat Of “Harmful” Speech To The End-To-End Principle, John G. Palfrey Jr., Robert Rogoyski

Washington University Journal of Law & Policy

This Essay traces the evolution of thinking regarding the technical concept of the end-to-end principle and the legal concept of the regulation of the flow of packets across the Internet. We focus on the manner in which the state, in concert with private parties, has approached the tension between restricting the flow of certain packets and vindicating their citizens’ interests, both legal and otherwise, in free expression. We argue that the primary mode of legal regulation of the Internet has shifted from a focus on outlawing activities at the nodes—end-points in the network—to a growing emphasis on regulating ...


Trumping The First Amendment?, Lee Epstein, Jeffrey A. Segal Jan 2006

Trumping The First Amendment?, Lee Epstein, Jeffrey A. Segal

Washington University Journal of Law & Policy

The primary goal of this Essay is to assess whether the relationship between the ideology of Supreme Court Justices and their support for the First Amendment guarantees of speech, press, assembly, and association has declined, such that left-of-center Justices no longer consistently support those guarantees, and right-of-center Justices no longer consistently support their regulation. Utilizing data drawn from the 1953 through 2004 terms of the Court, we show that, in disputes in which only First Amendment claims are at issue, the more liberal the Justice, the higher the likelihood that he or she will vote in favor of litigants alleging ...


Property And Speech, Robert Allen Sedler Jan 2006

Property And Speech, Robert Allen Sedler

Washington University Journal of Law & Policy

This Essay analyzes the impact of the First Amendment’s guarantee of freedom of speech on the use, enjoyment and control of property. The Essay analyzes this impact with reference to “The First Amendment as Sword” and “The First Amendment as Shield.” In “The First Amendment as Sword,” the Essay discusses how the First Amendment has been asserted to interfere with a property owner’s use or control of tangible property and to limit the protection of an owner’s property interests. The following areas will be covered: (1) Picketing and Protests; (2) Boycotts; (3) Governmental Economic Regulation; (4) Home ...


A Property Rights View: Commentary On “Property And Speech” By Robert A. Sedler, Shelley Ross Saxer Jan 2006

A Property Rights View: Commentary On “Property And Speech” By Robert A. Sedler, Shelley Ross Saxer

Washington University Journal of Law & Policy

I begin by exploring whether the First Amendment, as a sword, obscures the difference between state and private action by constitutionally preventing private property owners from interfering with an individual’s free expression rights. Thus, private property owners, who are not otherwise held to constitutional standards, cannot block activities of others that invade their property interests because these activities are protected by the First Amendment. This Commentary will address an additional category, not mentioned by Professor Sedler in his Essay—the government’s use of eminent domain, which can be used as a “sword” against land uses protected by the ...


Property, Place, And Public Discourse, Timothy Zick Jan 2006

Property, Place, And Public Discourse, Timothy Zick

Washington University Journal of Law & Policy

I will argue that the Rehnquist Court largely left our “expressive topography” worse than it found it. As had predecessor Courts, the Rehnquist Court treated public places as little more than public properties managed by public officials. But its impact on public discourse actually extended beyond this. The Rehnquist Court diminished the scope of speakers’ rights in even quintessentially open places such as streets and sidewalks. Among other things, the Court’s decisions also tacitly approved the practice of zoning expression in public places. The Court even recognized a listener’s right to avoid offensive expression in public places. Finally ...


A Lawyer's Responsibility: Protecting Civil Liberties In Wartime, Geoffrey R. Stone Jan 2006

A Lawyer's Responsibility: Protecting Civil Liberties In Wartime, Geoffrey R. Stone

Washington University Journal of Law & Policy

One of the lessons of American history is that when episodes of military conflict arise we not only compromise our liberties, but we do so excessively and to a degree we often come later to regret. The challenge is to understand why that happens, to avoid repeating the same pattern of mistakes in the present and in the future, and to articulate the role of lawyers in addressing those questions.


Speech And Institutional Choice, Thomas B. Nachbar Jan 2006

Speech And Institutional Choice, Thomas B. Nachbar

Washington University Journal of Law & Policy

Even if an authoritarian state cannot successfully control all of the conduits by which information crosses its borders, successfully targeting a few of the largest ones is likely to bring enough of a return to justify the effort, a point at the heart of John Palfrey and Robert Rogoyski’s Essay for this conference. What is true of states and regulation for political gain will be true of private interests and regulation for financial gain. Control over the means of creating and sharing the digital content would provide any firm substantial rents, either in the form of higher prices or ...