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First Amendment

Brian C. Murchison

Selected Works

First amendment

Articles 1 - 4 of 4

Full-Text Articles in Law

Interpretation And Interdependence: How Judges Use The Avoidance Canon In Separation Of Powers Cases, Brian C. Murchison Nov 2013

Interpretation And Interdependence: How Judges Use The Avoidance Canon In Separation Of Powers Cases, Brian C. Murchison

Brian C. Murchison

None available.


Revisiting The American Action For Public Disclosure Of Facts, Brian C. Murchison Nov 2013

Revisiting The American Action For Public Disclosure Of Facts, Brian C. Murchison

Brian C. Murchison

None available.


The Fact-Conjecture Framework In U.S. Libel Law: Four Problems, Brian C. Murchison Oct 2013

The Fact-Conjecture Framework In U.S. Libel Law: Four Problems, Brian C. Murchison

Brian C. Murchison

A requirement of U.S. defamation law is that an actionable statement be factual in nature, but courts since Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990), have had considerable difficulty in distinguishing factual from non-factual statements and in articulating the value of non-factual public discourse in all its diversity. This Article reviews four topics - intent, context, conjecture, and hyperbole - that have been particularly troublesome to courts. It argues for a fresh appraisal of Justice Brennan's dissenting opinion in Milkovich and brings into the conversation the works of several current political theorists on the contributions of passionate political …


Reflections On Breach Of Confidence From The U.S. Experience, Brian C. Murchison Oct 2013

Reflections On Breach Of Confidence From The U.S. Experience, Brian C. Murchison

Brian C. Murchison

Not available.