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Constitutional Law

2010

Selected Works

Free speech

Articles 1 - 4 of 4

Full-Text Articles in Law

Don't Be So Quick To Ban Violent Videogames, Alan E. Garfield Nov 2010

Don't Be So Quick To Ban Violent Videogames, Alan E. Garfield

Alan E Garfield

No abstract provided.


Hate Funeral Protests? Then Ignore Them, Alan E. Garfield Oct 2010

Hate Funeral Protests? Then Ignore Them, Alan E. Garfield

Alan E Garfield

No abstract provided.


Rights Bring Responsibility: Clear Constitutional Protections May Be Only The Beginning Of The Discussion, Alan E. Garfield Sep 2010

Rights Bring Responsibility: Clear Constitutional Protections May Be Only The Beginning Of The Discussion, Alan E. Garfield

Alan E Garfield

No abstract provided.


The Inherent Structure Of Free Speech Law, Joshua Davis, Joshua Dec 2009

The Inherent Structure Of Free Speech Law, Joshua Davis, Joshua

Joshua P. Davis

To date no one has discovered a set of organizing principles for free speech doctrine, an area of the law that has been criticized as complex, ad hoc, and even incoherent. We provide a framework that distills free speech law down to three judgments: the first about the role of government; the second about the target of government regulation; and the third a constrained cost-benefit analysis. The framework can be summarized by three propositions: first, the Constitution constrains government if it regulates private speech, but not if government speaks, sponsors speech, or restricts expression in managing an internal governmental function; …