Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Law reform (2)
- Abortion (1)
- Assertions of fact (1)
- Children (1)
- Colorado State Court of Appeals (1)
-
- Communication (1)
- Compelling interests (1)
- Consequentialist (1)
- Cosby (Bill) (1)
- Defamation (1)
- Demonstrators (1)
- Deontic (1)
- Disturbing speech (1)
- Duress (1)
- Fair comment doctrine (1)
- Federal Communications Commission (1)
- Free speech (1)
- Gertz v. Robert Welch (1)
- Ginsberg v. New York (1)
- Holder v. Humanitarian Law Project (1)
- Intentional harm (1)
- Intentional infliction of emotional distress (1)
- Kantian (1)
- Lectures (1)
- Legal theory (1)
- Libel (1)
- Lies (1)
- Lower courts (1)
- Lying (1)
- McNamee v. Clemens (1)
- Publication
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Law
The Misunderstood Right To Be Forgotten: The Future Of Free Expression And Privacy In The Online World, University Of Michigan Law School
The Misunderstood Right To Be Forgotten: The Future Of Free Expression And Privacy In The Online World, University Of Michigan Law School
Event Materials
Program for the 26th Annual University of Michigan Senate's Davis, Markert, Nickerson Lecture on Academic and Intellectual Freedom.
Property, Duress, And Consensual Relationships, David Blankfein-Tabachnick
Property, Duress, And Consensual Relationships, David Blankfein-Tabachnick
Michigan Law Review
Professor Seana Valentine Shiffrin has produced an exciting new book, Speech Matters: On Lying, Morality, and the Law. Shiffrin’s previous rigorous, careful, and morally sensitive work spans contract law, intellectual property, and the freedoms of association and expression. Speech Matters is in line with Shiffrin’s signature move: we ought to reform our social practices and legal and political institutions to, in various ways, address or accommodate moral values—here, a stringent moral prohibition against lying, a strident principle of promissory fidelity, that is, the principle that one ought to keep one’s promises, and the general value of veracity. The book …
Think Of The Children: Using Iied To Reformulate Disturbing Speech Restrictions, Richard Lorren Jolly
Think Of The Children: Using Iied To Reformulate Disturbing Speech Restrictions, Richard Lorren Jolly
University of Michigan Journal of Law Reform
The Colorado State Court of Appeals recently upheld an injunction restricting public displays of aborted fetuses. The court held that the restriction passed strict scrutiny because the state had a compelling interest in protecting children from the psychological harm of “disturbing images” and the injunction was narrowly tailored. This marked the first time an injunction had been upheld on this rationale. This Note critiques that holding and others. It contends that while some federal and state courts have recognized the interest in protecting the psychological wellbeing of children from disturbing speech as compelling, the interest is not supported by precedent. …
Milkovich V. Lorain Journal Twenty-Five Years Later: The Slow, Quiet, And Troubled Demise Of Liar Libel, Leonard Niehoff, Ashley Messenger
Milkovich V. Lorain Journal Twenty-Five Years Later: The Slow, Quiet, And Troubled Demise Of Liar Libel, Leonard Niehoff, Ashley Messenger
University of Michigan Journal of Law Reform
In Milkovich v. Lorain Journal Co., the Supreme Court held that there is no separate constitutional protection for statements of opinion. It also held that an accusation that an individual lied is a statement of fact actionable in defamation. Lower courts have, correctly in our view, essentially ignored both holdings. In Part I we discuss Milkovich and the infirmities in its reasoning. In Part II we discuss the complex nature of lies and accusations of lies and argue that Milkovich failed to account for that complexity. In Part III we discuss the strategies the lower courts have used to …