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Engaging The Spectrum: Civic Virtue And The Protection Of Student Voice In School-Sponsored Forums, Robert R.M. Verchick Jan 1991

Engaging The Spectrum: Civic Virtue And The Protection Of Student Voice In School-Sponsored Forums, Robert R.M. Verchick

Robert R.M. Verchick

This article suggests a new justification for protecting student speech that specifically addresses the need for free expression and inquiry in school- sponsored forums. Starting with the proposition that student speech prepares one for self-government, I suggest we re-define the kind of self-government to which we ask students to aspire. By recasting our conception of democracy in a way that highlights universal participation and group transformation, we will find a theory of government much closer to the values of group discovery and social reform.


Freedom Of Speech And The Press Jan 1991

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.


Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman Jan 1991

Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman

Touro Law Review

No abstract provided.


Abortion Rights, Eileen Kaufman Jan 1991

Abortion Rights, Eileen Kaufman

Touro Law Review

No abstract provided.


Eras Of The First Amendment, David S. Yassky Jan 1991

Eras Of The First Amendment, David S. Yassky

Elisabeth Haub School of Law Faculty Publications

Part I will begin the story with the Founders' understanding of the structural role of the First Amendment. In this understanding, the First Amendment served as a bulwark of state independence. Along with the rest of the Bill of Rights, the First Amendment had as its primary purpose maintenance of the federal system--or, more precisely, protection of the states against federal government overreaching. The Founders' plan left the individual states entirely free to regulate speech, while strictly prohibiting the federal government from displacing the states' various speech regimes.

When the Civil War dramatically reshaped the federal-state relationship, the structural purpose …


Justice Brennan And The First Amendment Minefield: In Respectful Appreciation, Ralph Michael Stein Jan 1991

Justice Brennan And The First Amendment Minefield: In Respectful Appreciation, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

It is a special privilege, and a personal joy, for me to have the opportunity to contribute a piece honoring such a revered figure. I make no claim to scholarly objectivity. My premise is simple: William J. Brennan has given us a legacy of first amendment decisions, concurrences, and dissents that reflect great honor on the jurist. My portion of this Festschrift provides selected examples of Justice Brennan's contribution, and concludes by thanking him for serving, through his opinions, as a mentor for me throughout my career as a teacher of constitutional law.