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Transforming Free Speech; The Ambiguous Legacy Of Civil Libertarianism, Mark Graber
Transforming Free Speech; The Ambiguous Legacy Of Civil Libertarianism, Mark Graber
Mark Graber
Contemporary civil libertarians claim that their works preserve a worthy American tradition of defending free-speech rights dating back to the framing of the First Amendment. Transforming Free Speech challenges the worthiness, and indeed the very existence of one uninterrupted libertarian tradition.
Mark A. Graber asserts that in the past, broader political visions inspired libertarian interpretations of the First Amendment. In reexamining the philosophical and jurisprudential foundations of the defense of expression rights from the Civil War to the present, he exposes the monolithic free-speech tradition as a myth. Instead of one conception of the system of free expression, two emerge: …
How Equality Constitutes Liberty: The Alignment Of Cls V. Martinez, Julie Nice
How Equality Constitutes Liberty: The Alignment Of Cls V. Martinez, Julie Nice
Julie A. Nice
Across the constitutional doctrines protecting individual liberty from governmental interference, judicial inquiry often focuses on the unequal infringement of liberty. Many of the most important individual rights have emerged from the synergy between equality and liberty. But the Court has not yet provided any framework for understanding the various ways that liberty and equality interrelate. Neither has any consensus developed around any scholarly attempt to understand the relationship between liberty and equality. Without any grand theory, the search for understanding this important relationship is thus left to induction, as scholars examine one case at a time to glean both specific …