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Full-Text Articles in Law
Parading The First Amendment Through The Streets Of South Boston, Dwight G. Duncan
Parading The First Amendment Through The Streets Of South Boston, Dwight G. Duncan
Faculty Publications
The real question that presented itself about this case is why all this litigation was necessary, if the legal principle was so clear? The fact is that GLIB was interested in the confrontation, and while it takes two to make a fight, it only takes one to start one. GLIB wanted to make a statement similar to the one made by ILGO. GLIB filed the original suit. The Veterans, on the defensive, simply kept appealing, all the way to the United States Supreme Court. By then, GLIB may have preferred to walk away, but the battle lines had already been …
A Championship Season For The First Amendment, Joel Gora
A Championship Season For The First Amendment, Joel Gora
Touro Law Review
No abstract provided.
John Milton's Areopagitica And The Modern First Amendment, Vincent A. Blasi
John Milton's Areopagitica And The Modern First Amendment, Vincent A. Blasi
Faculty Scholarship
The traditional liberal argument for free speech is now under fire from several directions. Critics from the left, the center, and the right find simplistic the claim that unregulated expression promotes the search for truth, the protection of self-government, the autonomy of individuals, and the control of concentrated power. Even if free speech does serve these values to a considerable degree, there are costs associated with liberty, costs the critics say are not sufficiently recognized in the standard liberal accounts.
As a general matter, but especially regarding the freedom of speech, liberalism is seen as too doctrinaire, too optimistic about …