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Full-Text Articles in Law
Free Speech And The Limits Of Legislative Discretion: The Example Of Specialty License Plates, Leslie Gielow Jacobs
Free Speech And The Limits Of Legislative Discretion: The Example Of Specialty License Plates, Leslie Gielow Jacobs
Leslie Gielow Jacobs
No abstract provided.
Hate Speech Debate Has Roots In Us History, Rodney A. Smolla
Hate Speech Debate Has Roots In Us History, Rodney A. Smolla
Rod Smolla
No abstract provided.
Hate Speech And The First Amendment, Alan E. Garfield
Hate Speech And The First Amendment, Alan E. Garfield
Alan E Garfield
No abstract provided.
Government Nonendorsement, Nelson Tebbe
Government Nonendorsement, Nelson Tebbe
Nelson Tebbe
What are the constitutional limits on government endorsement? Judges and scholars typically assume that when the government speaks on its own account, it faces few restrictions. In fact, they often say that the only real restriction on government speech is the Establishment Clause. On this view, officials cannot endorse, say, Christianity, but otherwise they enjoy wide latitude to promote democracy or denigrate smoking. Two doctrines and their accompanying literatures have fed this impression. First, the Court’s recent free speech cases have suggested that government speech is virtually unfettered. Second, experts on religious freedom have long assumed that there is no …
The First Amendment: When The Government Must Make Content-Based Choices, Erwin Chemerinsky
The First Amendment: When The Government Must Make Content-Based Choices, Erwin Chemerinsky
Erwin Chemerinsky
Thus, I focus my attention on the problem of the First Amendment when the government must make content-based choices. I want to divide my remarks into four parts. I begin by reviewing the traditional bedrock rule of the First Amendment: The government cannot regulate speech based on its content. Second, I identify a broad range of cases where this rule cannot apply because the government must make content-based choices. Third, I suggest that the usual First Amendment principles are not helpful in analyzing these cases. Finally, I offer some initial thoughts about directions for dealing with this problem.
First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton
First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton
Erwin Chemerinsky
No abstract provided.
An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky
An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
What The Abortion Disclosure Cases Say About The Constitutionality Of Persuasive Government Speech On Product Labels, Leslie Gielow Jacobs
What The Abortion Disclosure Cases Say About The Constitutionality Of Persuasive Government Speech On Product Labels, Leslie Gielow Jacobs
Leslie Gielow Jacobs
No abstract provided.
The Link Between Student Activity Fees And Campaign Finance Regulations, Leslie Gielow Jacobs
The Link Between Student Activity Fees And Campaign Finance Regulations, Leslie Gielow Jacobs
Leslie Gielow Jacobs
No abstract provided.
Pledges, Parades, And Mandatory Payments, Leslie Gielow Jacobs
Pledges, Parades, And Mandatory Payments, Leslie Gielow Jacobs
Leslie Gielow Jacobs
This Article examines the Supreme Court's treatment of compelled expression cases. It sets forth the speech restraint framework by describing the crucial determinations guiding judicial analysis. It then explains the current results, reasoning, and incoherence of the compelled expression cases. This Article isolates and evaluates the variables that the Court claims are significant to compelled expression analysis. It then adjusts the variables according to the free speech clause values evident in speech restraint analysis to create a coherent doctrine of compelled expression. This doctrine both places past cases within a consistent framework and provides a structure for evaluating future compelled …
The Supreme Court's Brain Teaser, Alan E. Garfield
The Supreme Court's Brain Teaser, Alan E. Garfield
Alan E Garfield
No abstract provided.