Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law

First Amendment

2012

Selected Works

Alan E Garfield

Articles 1 - 4 of 4

Full-Text Articles in Law

The Fight For Free Speech, Even If It's Offensive, Alan E. Garfield Sep 2012

The Fight For Free Speech, Even If It's Offensive, Alan E. Garfield

Alan E Garfield

No abstract provided.


When Is A Lie An Affront To The Law?, Alan E. Garfield Feb 2012

When Is A Lie An Affront To The Law?, Alan E. Garfield

Alan E Garfield

No abstract provided.


Dropping F-Bombs At The Supreme Court, Alan E. Garfield Jan 2012

Dropping F-Bombs At The Supreme Court, Alan E. Garfield

Alan E Garfield

No abstract provided.


To Swear Or Not To Swear: Using Foul Language During A Supreme Court Oral Argument, Alan Garfield Dec 2011

To Swear Or Not To Swear: Using Foul Language During A Supreme Court Oral Argument, Alan Garfield

Alan E Garfield

This essay considers the provocative question of whether it is strategically wise for a lawyer to use foul language during a Supreme Court oral argument. This issue doesn’t come up often. But it does when a lawyer claims his client’s First Amendment rights were violated when the government punished him for using foul language. If the lawyer doesn’t use his client’s offensive words, he risks conceding that these words are so horrid they warrant suppression. But if he does use the words, he risks alienating justices who find the words unseemly. The essay uses the “fleeting expletives” case that was …