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Articles 1 - 7 of 7
Full-Text Articles in Law
The Pentagon Papers Case And The Path Not Taken: A Personal Memoir On The First Amendment And The Separation Of Powers, Joel Gora
Faculty Scholarship
No abstract provided.
Quo Vadis, Posadas?, William W. Van Alstyne
Quo Vadis, Posadas?, William W. Van Alstyne
Faculty Scholarship
This examination looks at Virginia's ban on speech advertising motorcycles and revisits the question raised in the Posadas decision - may a state ban speech about a legal product the state could ban if it so desired. This article uses comparisons to the government employee speech cases to further illuminate the issue.
Fencing Cyberspace: Drawing Borders In A Virtual World, Maureen A. O'Rourke
Fencing Cyberspace: Drawing Borders In A Virtual World, Maureen A. O'Rourke
Faculty Scholarship
In the last few years, the Internet has increasingly become a source of information even for the historically computer illiterate. The growing popularity of the Internet has been driven in large part by the World Wide Web (web). The web is a system that facilitates use of the Internet by helping users sort through the great mass of information available on it. The web uses software that allows one document to link to and access another, and so on, despite the fact that the documents may reside on different machines in physically remote locations. The dispersion of data that is …
Defending The Middle Way: Intermediate Scrutiny As Judicial Minimalism, Jay D. Wexler
Defending The Middle Way: Intermediate Scrutiny As Judicial Minimalism, Jay D. Wexler
Faculty Scholarship
In the last few years, Court-watchers have been particularly busy critiquing the constitutional decisions of the splintered Rehnquist Court. Two of the recurring critiques have posited that the Justices are overly activist and that their opinions are needlessly confusing. American Lawyer's Stuart Taylor, for example, has decried both the "jurisprudential mess" of the Court's recent redistricting decisions' as well as the disturbing activism that Taylor believes marks each of the Equal Protection decisions of the 1995-96 Terman activism that has led him to wonder "whether there is any life at all left in the idea of judicial restraint."' Eva Rodriguez …
Weighing The Listener's Interest: Justice Blackmun's Commercial Speech And Public Forum Opinions, William S. Dodge
Weighing The Listener's Interest: Justice Blackmun's Commercial Speech And Public Forum Opinions, William S. Dodge
Faculty Scholarship
No abstract provided.
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.
Free Speech And Good Character, Vincent A. Blasi
Free Speech And Good Character, Vincent A. Blasi
Faculty Scholarship
Early proponents of the freedom of speech such as John Milton, John Stuart Mill, and Louis Brandeis emphasized the role expressive liberty plays in strengthening the character of persons entrusted with such freedom. These theorists argued that character traits such as civic courage, independence of mind, and the capacity to learn from experience and adapt are nurtured by trusting citizens with dangerous ideas. Today there is much talk about good character in relation to free speech disputes-but all on the side of those who would regulate speakers. It is time to remember that a concern about character cuts both ways …