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Constitutional Law

Duke Law

Series

2011

Property

Articles 1 - 2 of 2

Full-Text Articles in Law

Transforming Property Into Speech, Joseph Blocher Jan 2011

Transforming Property Into Speech, Joseph Blocher

Faculty Scholarship

No abstract provided.


Government Property And Government Speech, Joseph Blocher Jan 2011

Government Property And Government Speech, Joseph Blocher

Faculty Scholarship

The relationship between property and speech is close but complicated. Speakers use places and things to deliver their messages, and rely on property rights both to protect expressive acts and to serve as an independent means of expression. And yet courts and scholars have struggled to make sense of the property-speech connection. Is property merely a means of expression, or can it be expressive in and of itself? And what kind of “property” do speakers need to have – physical things, bundles of rights, or something else entirely?

In the context of government property and government speech, the ill-defined relationship …