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Full-Text Articles in Law

The Post-Truth First Amendment, Sarah C. Haan Jan 2019

The Post-Truth First Amendment, Sarah C. Haan

Scholarly Articles

Post-truthism is widely understood as a political problem. In this Article, I argue that post-truthism also presents a constitutional law problem—not a hypothetical concern, but a current influence on First Amendment law. Post-truthism, which teaches that evidence-based reasoning lacks value, offers a normative framework for regulating information. Although post-truthism has become a popular culture trope, I argue that we should take it seriously as a theory of decision making and information use, and as a basis for law.

This Article uses the example of compelled speech to explore how post-truth rhetoric and values are being integrated into law. When the …


“Good Orthodoxy” And The Legacy Of Barnette, Erica Goldberg Jan 2019

“Good Orthodoxy” And The Legacy Of Barnette, Erica Goldberg

FIU Law Review

No abstract provided.


Not Such A Fixed Star After All: West Virginia State Board Of Education V. Barnette, And The Changing Meaning Of The First Amendment Right Not To Speak, Genevieve Lakier Jan 2019

Not Such A Fixed Star After All: West Virginia State Board Of Education V. Barnette, And The Changing Meaning Of The First Amendment Right Not To Speak, Genevieve Lakier

FIU Law Review

No abstract provided.


A Close Reading Of Barnette, In Honor Of Vincent Blasi, Paul Horwitz Jan 2019

A Close Reading Of Barnette, In Honor Of Vincent Blasi, Paul Horwitz

FIU Law Review

No abstract provided.