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Full-Text Articles in Law
Listeners' Choices, James Grimmelmann
Listeners' Choices, James Grimmelmann
University of Colorado Law Review
Speech is a matching problem. Speakers choose listeners, and listeners choose speakers. When their choices conflict, law often decides who speaks to whom. The pattern is clear: First Amendment doctrine consistently honors listeners' choices for speech. When willing and unwilling listeners' choices conflict, willing listeners win. And when competing speakers' choices conflict, listeners'choices break the tie. This Essay provides a theoretical framework for analyzing speech problems in terms of speakers' and listeners' choices, an argument for the centrality of listener choice to any coherent theory of free speech, and supporting examples from First Amendment caselaw.
The Macguffin And The Net: Taking Internet Listeners Seriously, Derek E. Bambauer
The Macguffin And The Net: Taking Internet Listeners Seriously, Derek E. Bambauer
University of Colorado Law Review
To date, listeners and readers play little more than bit parts in First Amendment jurisprudence. The advent of digital networked communication over the Internet supports moving these interests to center stage in free speech doctrine and offers new empirical data to evaluate the regulation of online information. Such a shift will have important and unexpected consequences for other areas, including ones seemingly orthogonal to First Amendment concerns. This Essay explores likely shifts in areas that include intellectual property, tort, and civil procedure, all of which have been able to neglect certain free speech issues because of the lack of listener …
A Purpose-And-Effect Test To Limit The Expansion Of The Government Speech Doctrine, Will Soper
A Purpose-And-Effect Test To Limit The Expansion Of The Government Speech Doctrine, Will Soper
University of Colorado Law Review
The First Amendment of the Constitution prohibits the government from passing any law that limits the freedom of private speech. However, in order to effectively govern, the state must communicate its policies and messages in ways that may not leave room for competing views. Since the early 1990s, the Supreme Court has articulated and developed the doctrine of government speech: when the government speaks, it is exempt from the First Amendment. The doctrine's use and expansion has its detractors. Many are worried that government speech should only be protected when it would be clear to a reasonable listener that the …
Incredible Lies, Catherine J. Ross
Incredible Lies, Catherine J. Ross
University of Colorado Law Review
No abstract provided.
Developing A Taxonomy Of Lies Under The First Amendment, Alan K. Chen, Justin Marceau
Developing A Taxonomy Of Lies Under The First Amendment, Alan K. Chen, Justin Marceau
University of Colorado Law Review
No abstract provided.