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Full-Text Articles in First Amendment
Nobody's Fools: The Rational Audience As First Amendment Ideal, Lyrissa Barnett Lidsky
Nobody's Fools: The Rational Audience As First Amendment Ideal, Lyrissa Barnett Lidsky
UF Law Faculty Publications
Assumptions about audiences shape the outcomes of First Amendment cases. Yet the Supreme Court rarely specifies what its assumptions about audiences are, much less attempts to justify them. Drawing on literary theory, this Article identifies and defends two critical assumptions that emerge from First Amendment cases involving so-called core speech. The first is that audiences are capable of rationally assessing the truth, quality, and credibility of core speech. The second is that more speech is generally preferable to less. These assumptions, which I refer to collectively as the rational audience model, lie at the heart of the marketplace of ideas …
Trade Secret Litigation And Free Speech: Is It Time To Restrain The Plaintiffs?, Elizabeth A. Rowe
Trade Secret Litigation And Free Speech: Is It Time To Restrain The Plaintiffs?, Elizabeth A. Rowe
UF Law Faculty Publications
Trade secret misappropriation litigation is often criticized for its negative effects on competition and speech. In particular, some accuse plaintiff trade secret owners of filing complaints for the purpose of running competitors out of business, or restraining individuals from discussing matters which are unfavorable. This Article enters the discussion to critically assess whether there is reason to consider restricting these actions. It concludes that trade secret litigation on the whole does not inappropriately impinge on speech rights. Even if certain cases come closer to offending defendants' free speech rights, these occasions and the concerns they raise are not unique to …