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

First Amendment Commons

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

Articles 1 - 4 of 4

Full-Text Articles in First Amendment

The Economics Of Information And The Meaning Of Speech, Charles W. Collier Apr 2022

The Economics Of Information And The Meaning Of Speech, Charles W. Collier

Catholic University Law Review

In common usage the communication of information is not sharply distinguished from the use of language or speech to make factual or propositional statements. So it should come as no surprise that one of the main legal justifications for protecting speech--that it underwrites a “marketplace of ideas” and thereby contributes to the search for truth--has strong parallels in the economic theory of information. “Indeed,” as Kenneth Arrow writes, “the market system as a whole has frequently been considered as an organization for the allocation of resources; the typical argument for its superiority to authoritative central allocation has been the greater …


A Democratic View Of Public Employee Speech Rights, R. George Wright Sep 2021

A Democratic View Of Public Employee Speech Rights, R. George Wright

Catholic University Law Review

The question of the scope of public employee free speech rights is of obvious importance. Such cases are frequently litigated. The speaker's continuing employment is commonly at stake. The appropriate functioning of the government agency may be at issue as well. But government agencies are intended to operate not only with internal efficiency but with proper accountability to the public. And such accountability requires an appropriate degree of agency openness, transparency, and meaningful disclosure on publicly significant matters. Adequately assuring the democratic accountability of government agencies, it turns out, requires greater protection of public employee speech than is currently available.


House Of Cards: How Rediscovering Republicanism Brings It Crashing Down, Jonathan E. Maddison Jun 2015

House Of Cards: How Rediscovering Republicanism Brings It Crashing Down, Jonathan E. Maddison

Catholic University Law Review

Using Frank Underwood’s maniacal political journey in the Netflix series House of Cards as an example of what is wrong with American politics, this article argues that the Supreme Court’s misapplication of First Amendment principles in Citizens United and other key campaign finance cases plays a large and problematic role. Providing an extensive historical overview of republicanism and First Amendment jurisprudence, this article suggests that a return to republican ideals, while not perfect, is both the solution and proper tool of analysis to be used by the Supreme Court for campaign finance cases and beyond.


Good Intentions, Bad Consequences: How Congress’S Efforts To Eradicate Hiv/Aids Stifle The Speech Of Humanitarian Organizations, Garima Malhotra Jan 2012

Good Intentions, Bad Consequences: How Congress’S Efforts To Eradicate Hiv/Aids Stifle The Speech Of Humanitarian Organizations, Garima Malhotra

Catholic University Law Review

No abstract provided.