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Articles 1 - 8 of 8
Full-Text Articles in Law
The Power Of Place, Timothy Zick
Public Protest 1.0, Timothy Zick
Trans-Border Exclusion And Execution, Timothy Zick
Trans-Border Exclusion And Execution, Timothy Zick
Popular Media
No abstract provided.
More On The Wall Street Protest, Timothy Zick
Arab Spring On Wall Street?, Timothy Zick
Exporting The First Amendment, Timothy Zick
The Summer Of Discontent: Creative Repertoires Of Public Protest, Timothy Zick
The Summer Of Discontent: Creative Repertoires Of Public Protest, Timothy Zick
Popular Media
No abstract provided.
First Amendment Investigations And The Inescapable Pragmatism Of The Common Law Of Free Speech, Lawrence Rosenthal
First Amendment Investigations And The Inescapable Pragmatism Of The Common Law Of Free Speech, Lawrence Rosenthal
Lawrence Rosenthal
Scholars have struggled to explain our sprawling First Amendment doctrine – once described by Justice Stevens as “an elaborate mosaic of specific judicial decisions, characteristic of the common law process of case-by-case adjudication.” The position that has gained the most traction in recent scholarship has stressed the primacy of governmental motive – this school of thought argues that the degree of scrutiny to be afforded a challenged regulation is based on an assessment of the likelihood that the regulation reflects a governmental motive to burden disfavored speech or speakers.
This article offers a challenge to the purposivist account. It begins, …