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Articles 1 - 3 of 3
Full-Text Articles in Law
The New Censorship: Institutional Review Boards, Philip A. Hamburger
The New Censorship: Institutional Review Boards, Philip A. Hamburger
Faculty Scholarship
Do federal regulations on Institutional Review Boards violate the First Amendment? Do these regulations establish a new sort of censorship? And what does this reveal about the role of the Supreme Court?
Holmes And The Marketplace Of Ideas, Vincent A. Blasi
Holmes And The Marketplace Of Ideas, Vincent A. Blasi
Faculty Scholarship
At least five basic values might be served by a robust free speech principle: (1) individual autonomy; (2) truth seeking; (3) self-government; (4) the checking of abuses of power; (5) the promotion of good character. Free speech might serve one or more of these values by functioning in at least three different ways: (1) as a privileged activity; (2) as a social mechanism; (3) as a cultural force. My contention is that the conventional understanding of the most familiar metaphor in the First Amendment lexicon, the "marketplace of ideas," has had the undesirable effect of focusing attention too much on …
The First Amendment's Original Sin, Lee C. Bollinger
The First Amendment's Original Sin, Lee C. Bollinger
Faculty Scholarship
Times of war place considerable stress on civil liberties, especially ones protected by the First Amendment. When the nation must gather itself to fight an enemy who is intent on killing us, it is perhaps only natural that our tolerance for the usual disorder of dissent will decline. When everyone has to sacrifice for the common good, when fellow citizens are dying in that cause, the costs of speech are visible and serious. Dissent may dissuade or discourage soldiers from fighting; sowing doubt may weaken resolve just when it's needed most; falsehoods and misinformation may lead to catastrophic shifts of …