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Articles 91 - 98 of 98
Full-Text Articles in Law
Historical Roots Of Citizens United Vs. Fec: How Anarchists And Academics Accidentally Created Corporate Speech Rights, The General Essay, Zephyr Teachout
Historical Roots Of Citizens United Vs. Fec: How Anarchists And Academics Accidentally Created Corporate Speech Rights, The General Essay, Zephyr Teachout
Faculty Scholarship
This paper looks at how the early rhetoric around the First Amendment enabled later development of corporate political speech rights.
Hate Speech And The Language Of Racism In Latin America: A Lens For Reconsidering Global Hate Speech Restrictions And Legislation Models, Tanya K. Hernandez
Hate Speech And The Language Of Racism In Latin America: A Lens For Reconsidering Global Hate Speech Restrictions And Legislation Models, Tanya K. Hernandez
Faculty Scholarship
In Latin America, like many countries in Europe, hate speech is prohibited. Yet Latin America is rarely included in the transnational discussion regarding the regulation of hate speech. Instead, the discourse focuses on a comparison of the advisability of Europe's hate speech regulations and free speech acceptance of hate speech in the United States. As a result, the ability to fundamentally examine the connections between hate speech and inequality, in addition to the most effective legal mechanisms for addressing it, is undermined. It is especially critical to broaden the hate speech debate now that we are seeing an apparent rise …
Speech Platforms Law Review Symposium 2010: Government Speech: The Government's Ability To Compel And Restrict Speech, Abner S. Greene
Speech Platforms Law Review Symposium 2010: Government Speech: The Government's Ability To Compel And Restrict Speech, Abner S. Greene
Faculty Scholarship
The state plays different roles, and free speech doctrine should (and sometimes does) respect these roles. We properly insist (with some categorical exceptions) that the state not regulate private speech based on subject matter or point of view. If private speakers want to praise the Nazis or condemn homosexuality, the state has no place stopping them, even if firmly convinced these ideas are wrong. Why we have such firm protection for speech we abhor is a matter of much debate. To some extent, it's because we don't trust the state to make content-based judgments consistently as a matter of principle; …
(Mis)Attribution Symposium: Government Speech, Abner S. Greene
(Mis)Attribution Symposium: Government Speech, Abner S. Greene
Faculty Scholarship
In this Essay, I evaluate three issues of attribution and misattribution that arise in the so-called area of "government speech."' First, I explore when an individual might have a constitutional claim for misattribution by the state. Second, I discuss the citizen's interest in proper attribution by the government when it is speaking. Third, I consider the government's interest in avoiding expression being improperly attributed to it. This concern arises less often than is commonly assumed; what many scholars (and governments) claim to be a state interest in avoiding attribution or endorsement is in fact a state interest in not providing …
Regionalism And The Religion Clauses: The Contribution Of Fisher Ames, Marc Arkin
Regionalism And The Religion Clauses: The Contribution Of Fisher Ames, Marc Arkin
Faculty Scholarship
On August 20, 1789, Massachusetts Federalist Fisher Ames rose to address the House of Representatives in one of his rare contributions to the debate on the Bill of Rights. 1 The day before, sitting as a Committee of the Whole, the House had concluded its brief discussion of the proposed religion amendment to the federal Constitution by agreeing to New Hampshire Representative Samuel Livermore's formula that "Congress shall make no laws touching religion, or infringing the rights of conscience." 2 Now, on the 20th, before the House could formally adopt Livermore's language, Representative Ames proposed a different wording. He moved …
Food For The Lions: Excessive Damages For Newsgathering Torts And The Limitations Of Current First Amendment Doctrines , Andrew B. Sims
Food For The Lions: Excessive Damages For Newsgathering Torts And The Limitations Of Current First Amendment Doctrines , Andrew B. Sims
Faculty Scholarship
No abstract provided.
Policing Speech On The Airwaves: Granting Rights, Preventing Wrongs, Maria Marcus
Policing Speech On The Airwaves: Granting Rights, Preventing Wrongs, Maria Marcus
Faculty Scholarship
Should the FCC take steps to prevent repeated advocacy of specific violent acts on the airwaves? If so, it must meticulously differentiate between mainstream government critics who are exercising First Amendment rights of dissent, and inciters of murder and sabotage. This Article proposes a new test to guide the FCC in that endeavor. Part I begins with an overview of communications law and the FCC's erratic enforcement efforts-what it has chosen to regulate unhesitatingly (e.g., dangerous hoaxes and indecency) and what it has ducked. The next sections will analyze the inadequacy of the Supreme Court's incitement jurisprudence. The 1969 Brandenburg …
Tort Liability For Physical Injuries Allegedly Resulting From Media Speech: A Comprehensive First Amendment Approach , Andrew B. Sims
Tort Liability For Physical Injuries Allegedly Resulting From Media Speech: A Comprehensive First Amendment Approach , Andrew B. Sims
Faculty Scholarship
No abstract provided.