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Full-Text Articles in Law
Harmful Speech And The Culture Of Indeterminacy, Anthony D'Amato
Harmful Speech And The Culture Of Indeterminacy, Anthony D'Amato
Faculty Working Papers
I advocate two propositions in this Essay: the constitutional law of at least one category of content regulation of free speech is indeterminate, and recognition of this indeterminacy has been and ought to continue to be the Supreme Court's decisional basis for protecting speech against content regulation. Milkovich is worth examining at some length, not only because of the Court's failure to come up with general guidelines (after all, pragmatic indeterminacy predicts that failure!), but also because what the Court did say cannot even guide the lower court on remand.
A New Political Truth: Exposure To Sexually Violent Materials Causes Sexual Violence, Anthony D'Amato
A New Political Truth: Exposure To Sexually Violent Materials Causes Sexual Violence, Anthony D'Amato
Faculty Working Papers
The Meese Commission gave this nation a new political truth that in years to come will undoubtedly play an important role in federal or state efforts to restrict or suppress speech having pornographic content. Legislators, policymakers and the general public will quote and rely upon the Commission's key finding that exposure to sexually violent materials "bears a causal relationship" to acts of sexual violence, unaware that the principal drafter of the Report played down this confidence in a separately published academic essay.