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Full-Text Articles in Law
Propaganda For War And Transparency, Richard B. Collins
Propaganda For War And Transparency, Richard B. Collins
Publications
No abstract provided.
Government Speech 2.0, Helen Norton, Danielle Keats Citron
Government Speech 2.0, Helen Norton, Danielle Keats Citron
Publications
New expressive technologies continue to transform the ways in which members of the public speak to one another. Not surprisingly, emerging technologies have changed the ways in which government speaks as well. Despite substantial shifts in how the government and other parties actually communicate, however, the Supreme Court to date has developed its government speech doctrine--which recognizes "government speech" as a defense to First Amendment challenges by plaintiffs who claim that the government has impermissibly excluded their expression based on viewpoint--only in the context of disputes involving fairly traditional forms of expression. In none of these decisions, moreover, has the …
Regulating Cyberharassment: Some Thoughts On Sexual Harassment 2.0, Helen Norton
Regulating Cyberharassment: Some Thoughts On Sexual Harassment 2.0, Helen Norton
Publications
No abstract provided.
Shining A Light On Democracy's Dark Lagoon, Helen Norton
Shining A Light On Democracy's Dark Lagoon, Helen Norton
Publications
Written for a symposium examining the Fourth Circuit’s jurisprudential tradition, this short essay explores the Fourth Circuit’s approach to the emerging government speech doctrine, under which the government’s own speech is exempt from free speech clause scrutiny. In developing this doctrine, the Supreme Court has been too quick to defer to public entities’ assertion that contested speech is their own; indeed, it has yet to deny the government’s claim to expression in the face of a competing private claim – at significant cost to the public’s ability to hold government politically accountable for its expressive choices. The Fourth Circuit, in …