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Full-Text Articles in First Amendment
A Tricky Negotiation: Free Speech Versus Insensitivity, Melvin Dilanchian
A Tricky Negotiation: Free Speech Versus Insensitivity, Melvin Dilanchian
Washington University Undergraduate Law Review
The central question presented in this paper is whether specialty license plates constitute government speech, and are thus subject to disapproval by the Board of the Texas Department of Motor Vehicles. The core concerns reviewed in this research, largely focus on defining whose speech specialty license plates are. The purpose is to investigate and analyze the precedent established as a result of a recent case, Walker v. Texas Division, Sons of Confederate Veterans. The paper thoroughly reviews the arguments made in the majority opinion, as well as those of the dissenting opinion, with an interdisciplinary approach. The argument presented …
Speaking Truth To Firepower: How The First Amendment Destabilizes The Second, Gregory P. Magarian
Speaking Truth To Firepower: How The First Amendment Destabilizes The Second, Gregory P. Magarian
Scholarship@WashULaw
When the Supreme Court in District of Columbia v. Heller declared that the Second Amendment protects an individual right to keep and bear arms, it set atop the federal judicial agenda the critical task of elaborating the new right’s scope, limits, and content. Following Heller, commentators routinely draw upon the First Amendment’s protections for expressive freedom to support their proposals for Second Amendment doctrine. In this article, Professor Magarian advocates a very different role for the First Amendment in explicating the Second, and he contends that our best understanding of First Amendment theory and doctrine severely diminishes the Second Amendment’s …