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Full-Text Articles in Jurisprudence
“And The Truth Shall Make You Free”: Schenck, Abrams, And A Hundred Years Of History, Rodney A. Smolla
“And The Truth Shall Make You Free”: Schenck, Abrams, And A Hundred Years Of History, Rodney A. Smolla
SMU Law Review
No abstract provided.
Falsity And The First Amendment, G. Edward White
Falsity And The First Amendment, G. Edward White
SMU Law Review
This Article considers the extent to which the exclusion of forms of speech from the coverage of the First Amendment has turned on the falsity of statements within the excluded categories. It does so, first, by reviewing the Supreme Court’s early and mid-twentieth century free speech decisions, to demonstrate that none of the principal cases in which the Court swept a particular category of expression within the First Amendment’s coverage involved speech that was false; and, second, by suggesting that when the Court first announced that some “breathing space” was required for factually inaccurate statements about public officials or private …