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Articles 31 - 39 of 39
Full-Text Articles in Law
Mark Tushnet On Liberal Constitutional Theory: Mission Impossible, Frank Goodman
Mark Tushnet On Liberal Constitutional Theory: Mission Impossible, Frank Goodman
All Faculty Scholarship
No abstract provided.
Forgetting The Constitution, Robert F. Nagel
Free Speech Justifications, Kent Greenawalt
Free Speech Justifications, Kent Greenawalt
Faculty Scholarship
This Article sets out what I believe are the relevant justifications for free speech, the term "free speech" being meant to cover both freedom of speech and freedom of the press. These are the justifications one might use to assess whether communications fall within a political or judicial principle of free speech and how great the protection of the communications that are covered should be. Such assessments are undertaken in a longer study that is mainly about the ways in which different uses of language affect the application of principles of freedom of speech to the criminalization of behavior. That …
The Future And The First Amendment, Lee C. Bollinger
The Future And The First Amendment, Lee C. Bollinger
Faculty Scholarship
It is my honor and pleasure to deliver this year's Sullivan Lecture. I have an especially warm feeling toward this Law School. Two years ago, at the invitation of your Professor Distelhorst, I participated in the Capital Law School program for teaching American law to Japanese lawyers. For five stimulating weeks I enjoyed the intellectual and social company· of Japanese attorneys, while teaching them the outlines of American constitutional law. Twice a week, in the evening, for three continuous hours, and after a full work day, these dedicated lawyers would willingly become students again and suffer patiently through my highly …
Hazelwood East School District V. Kuhlmeier: The Death Of No Prior Restraint In An Official High School Newspaper, Grace Wigal
Hazelwood East School District V. Kuhlmeier: The Death Of No Prior Restraint In An Official High School Newspaper, Grace Wigal
West Virginia Law Review
No abstract provided.
Harry Kalven, The Proust Of The First Amendment, Lee C. Bollinger
Harry Kalven, The Proust Of The First Amendment, Lee C. Bollinger
Faculty Scholarship
Reading A Worthy Tradition makes one nostalgic. For the generation of scholars who cut their first amendment teeth on Harry Kalven's articles, this book offers the experience of a recaptured past. The question is, however, does it offer anything more?
Commentary, The Selling Of Jury Deliberations, Robert F. Nagel
Commentary, The Selling Of Jury Deliberations, Robert F. Nagel
Publications
No abstract provided.
Freedom Of Communicative Action: A Theory Of The First Amendment Freedom Of Speech, Lawrence B. Solum
Freedom Of Communicative Action: A Theory Of The First Amendment Freedom Of Speech, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
We are still searching for an adequate theory of the first amendment freedom of speech. Despite a plethora of judicial opinions and scholarly articles, there are fundamental conflicts over the meaning of the words "Congress shall make no law ... abridging the freedom of speech." This Article examines the possibility that recent developments in social theory can aid our understanding of the freedom of speech. My thesis is that Jiirgen Habermas' theory of communicative action can serve as the basis for an interpretation of the first amendment that fits the general contours of existing first amendment doctrine and provides a …
Academic Freedom: A ‘Special Concern Of The First Amendment’, J. Peter Byrne
Academic Freedom: A ‘Special Concern Of The First Amendment’, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
The First Amendment protects academic freedom. This simple proposition stands explicit or implicit in numerous judicial opinions, often proclaimed in fervid rhetoric. Attempts to understand the scope and foundation of a constitutional guarantee of academic freedom, however, generally result in paradox or confusion. The cases, shorn of panegyrics, are inconclusive, the promise of their rhetoric reproached by the ambiguous realities of academic life.