Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Overwriting And Under-Deciding: Addressing The Roberts Court's Shrinking Docket, Meg Penrose
Overwriting And Under-Deciding: Addressing The Roberts Court's Shrinking Docket, Meg Penrose
SMU Law Review Forum
No abstract provided.
The Rise Of The Viewpoint-Discrimination Principle, Lackland H. Bloom Jr.
The Rise Of The Viewpoint-Discrimination Principle, Lackland H. Bloom Jr.
SMU Law Review Forum
The Supreme Court’s freedom-of-speech jurisprudence is complicated. There are few hard and fast rules. One is that judicially-imposed prior restraints on speech are hardly ever permissible. In recent years, another hard and fast rule appears to have developed. It is that the government may never prohibit speech simply on account of its viewpoint. It remains unclear whether this is a per se prohibition or whether such viewpoint-focused regulation must overcome the all but insurmountable burden of serious strict scrutiny. In any event, any governmental rule that attempts to regulate speech based on its point of view will almost certainly be …