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Full-Text Articles in Law

The First Amendment And The Socialization Of Children: Compulsory Public Education And Vouchers, Steven H. Shiffrin Jun 2015

The First Amendment And The Socialization Of Children: Compulsory Public Education And Vouchers, Steven H. Shiffrin

Steven H. Shiffrin

Criticism of American public schools has been a cottage industry since the Nineteenth Century. In recent years the criticism has gone to the roots. Critics charge that to leave children imprisoned in the public school monopoly is to risk the standardization of our children; it is to socialize them in the preferred views of the State. They argue that it would be better to adopt a system of vouchers or private scholarships to support a multiplicity of private schools. A multiplicity of such schools, it is said, would enhance parental choice, would foster competition, and would promote a diversity of …


Government Speech, Steven H. Shiffrin Jun 2015

Government Speech, Steven H. Shiffrin

Steven H. Shiffrin

No abstract provided.


Antidiscrimination Laws & Artistic Expression, Steven H. Shiffrin, Gregory R. Smith Jun 2015

Antidiscrimination Laws & Artistic Expression, Steven H. Shiffrin, Gregory R. Smith

Steven H. Shiffrin

No abstract provided.


Defamatory Non-Media Speech And First Amendment Methodology, Steven H. Shiffrin Jun 2015

Defamatory Non-Media Speech And First Amendment Methodology, Steven H. Shiffrin

Steven H. Shiffrin

In the course of his eloquent commentary upon New York Times Co. v. Sullivan, the late Professor Kalven enthused that the Court had written "an opinion that may prove to be the best and most important it has ever produced in the realm of freedom of speech." This excitement was generated not by the Court's rather narrow holding but rather by the hope that Sullivan would serve as the opening wedge to dislodge the clear and present danger test, to dismantle the "two-level" approach to first amendment analysis (reflected in cases such as Chaplinsky, Beauharnais, and Roth), and instead to …


Racist Speech, Outsider Jurisprudence, And The Meaning Of America, Steven H. Shiffrin Jun 2015

Racist Speech, Outsider Jurisprudence, And The Meaning Of America, Steven H. Shiffrin

Steven H. Shiffrin

No abstract provided.


The First Amendment And Economic Regulation: Away From A General Theory Of The First Amendment, Steven H. Shiffrin Jun 2015

The First Amendment And Economic Regulation: Away From A General Theory Of The First Amendment, Steven H. Shiffrin

Steven H. Shiffrin

No abstract provided.