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Legal History Commons

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Series

2013

University of Nevada, Las Vegas -- William S. Boyd School of Law

Cohen v. California

Articles 1 - 1 of 1

Full-Text Articles in Legal History

The Law's Mystery, Linda L. Berger, Jack L. Sammons Apr 2013

The Law's Mystery, Linda L. Berger, Jack L. Sammons

Scholarly Works

What is the continuing significance of Cohen v. California, the 1971 U.S. Supreme Court decision holding that “Fuck the Draft” is a message protected by the First Amendment? Using Cohen as an exemplar, this article offers a new theory about how to understand the law and judicial opinions.

The theory begins in a recognition of the “law” as resting upon mystery and uncertainty, a mystery that is also the source of the law’s enchantment. It is this enchantment that we depend upon for the law to be authoritative rather than authoritarian and reducible to the political and thus to …