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Full-Text Articles in Law
Information, Imagery, And The First Amendment: A Case For Expensive Protection Of Commercial Speech, Rodney A. Smolla
Information, Imagery, And The First Amendment: A Case For Expensive Protection Of Commercial Speech, Rodney A. Smolla
Scholarly Articles
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Cover Your Ears, John H. Garvey
Cover Your Ears, John H. Garvey
Scholarly Articles
Lee v. Weisman holds that public schools cannot offer prayers at graduation ceremonies. It has another curious implication: according to George Dent, it also means that public schools must excuse religious dissenters from offensive parts of the currculum. I think this is an astute observation. The issues are not alike doctrinally Weisman is an Establishment Clause case; the curriculum cases are Free Exercise cases. But the schools cause similar harms in both cases; they do so mostly by exposing children to unwelcome ideas. Why is this so upsetting? Why object to hearing people talk? I want to make three observations: …
Black And White Images, John H. Garvey
Black And White Images, John H. Garvey
Scholarly Articles
In 1989 the National Endowment for the Arts (the "NEA") caused a stir by funding two exhibitions of photographs by Robert Mapplethorpe and Andres Serrano. The pictures were vulgar and irreverent, and many people thought that the NEA should not sponsor them with tax money. Whether the NEA can actually control the content of speech that it pays for is a hard First Amendment question. I want to look at how Congress has tried to answer it. Congress seriously considered two solutions, and adopted one of them in 1990. Both rely on analogies drawn from the area of race relations. …