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First Amendment

William & Mary Law Review

Cutler Lecture

Articles 1 - 6 of 6

Full-Text Articles in Law

Constitutional Moral Hazard And Campus Speech, Jamal Greene Oct 2019

Constitutional Moral Hazard And Campus Speech, Jamal Greene

William & Mary Law Review

One underappreciated cost of constitutional rights enforcement is moral hazard. In economics, moral hazard refers to the increased propensity of insured individuals to engage in costly behavior. This Essay concerns what I call “constitutional moral hazard,” defined as the use of constitutional rights (or their conspicuous absence) to shield potentially destructive behavior from moral or pragmatic assessment. What I have in mind here is not simply the risk that people will make poor decisions when they have a right to do so, but that people may, at times, make poor decisions because they have a right. Moral hazard is not …


Sex, Politics, And Morality, Edward L. Rubin Oct 2005

Sex, Politics, And Morality, Edward L. Rubin

William & Mary Law Review

No abstract provided.


The Free Exercise Thereof, Stephen L. Carter Jun 1997

The Free Exercise Thereof, Stephen L. Carter

William & Mary Law Review

No abstract provided.


Guns, Words, And Constitutional Interpretation, L. A. Powe Jr. May 1997

Guns, Words, And Constitutional Interpretation, L. A. Powe Jr.

William & Mary Law Review

No abstract provided.


The Second-Best First Amendment, Frederick Schauer Oct 1989

The Second-Best First Amendment, Frederick Schauer

William & Mary Law Review

No abstract provided.


Content Regulation And The First Amendment, Geoffrey R. Stone Feb 1983

Content Regulation And The First Amendment, Geoffrey R. Stone

William & Mary Law Review

No abstract provided.