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Supreme Court of the United States

William & Mary Law School

Series

Freedom of Speech

Articles 1 - 14 of 14

Full-Text Articles in Law

First Amendment Lochnerism & The Origins Of The Incorporation Doctrine, James Y. Stern Jan 2020

First Amendment Lochnerism & The Origins Of The Incorporation Doctrine, James Y. Stern

Faculty Publications

The 20th century emergence of the incorporation doctrine is regarded as a critical development in constitutional law, but while issues related to the doctrine's justification have been studied and debated for more than fifty years, the causes and mechanics of its advent have received relatively little academic attention. This Essay, part of a symposium on Judge Jeffrey Sutton's recent book about state constitutional law, examines the doctrinal origins of incorporation, in an effort to help uncover why the incorporation doctrine emerged when it did and the way it did. It concludes that, for these purposes, incorporation is best understood as …


Section 1: Moot Court: Masterpiece Cakeshop, Ltd., Institute Of Bill Of Rights Law, William & Mary Law School Sep 2017

Section 1: Moot Court: Masterpiece Cakeshop, Ltd., Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Justice Scalia And Abortion Speech, Timothy Zick Apr 2017

Justice Scalia And Abortion Speech, Timothy Zick

Faculty Publications

No abstract provided.


Section 1: Moot Court: Friedrichs V. California Teachers Association, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2015

Section 1: Moot Court: Friedrichs V. California Teachers Association, Institute Of Bill Of Rights Law, William & Mary Law School

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No abstract provided.


Section 1: Moot Court, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2010

Section 1: Moot Court, Institute Of Bill Of Rights Law, William & Mary Law School

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No abstract provided.


Section 6: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2010

Section 6: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School

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No abstract provided.


Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin Sep 2000

Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin

Faculty Publications

No abstract provided.


Section 5: Speech And Elections, Institute Of Bill Of Rights Law, William & Mary Law School Oct 1997

Section 5: Speech And Elections, Institute Of Bill Of Rights Law, William & Mary Law School

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No abstract provided.


Section 6: Freedom Of Speech And Press, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1995

Section 6: Freedom Of Speech And Press, Institute Of Bill Of Rights Law, William & Mary Law School

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No abstract provided.


Section 3: Free Speech And Press, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1993

Section 3: Free Speech And Press, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Academic Freedom And The First Amendment In The Supreme Court Of The United States: An Unhurried Historical Review, William W. Van Alstyne Jul 1990

Academic Freedom And The First Amendment In The Supreme Court Of The United States: An Unhurried Historical Review, William W. Van Alstyne

Faculty Publications

No abstract provided.


Codifying The First Amendment: New York V. Ferber, Frederick Schauer Jan 1982

Codifying The First Amendment: New York V. Ferber, Frederick Schauer

Faculty Publications

No abstract provided.


Private Speech And The Private Forum: Givhan V. Western Line School District, Frederick Schauer Jan 1979

Private Speech And The Private Forum: Givhan V. Western Line School District, Frederick Schauer

Faculty Publications

No abstract provided.


Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer Jan 1979

Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer

Faculty Publications

Commentators have criticized the Supreme Court's use of the "two-level" theory of speech to place obscenity beyond the pale of the first amendment. They charge the Court with shirking the task of balancing first amendment values and the states' interests in regulating obscene material. Professor Schauer meets this criticism by examining the meaning of the word "speech" in the context of the purposes of the first amendment and the Constitution as a whole. He concludes that "speech"does not include a category.of obscenity'that performs the function of a surrogate sexual act and is lacking in communicative content. The Court's treatment of …