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Full-Text Articles in Law
Rescuing Our Democracy By Rethinking New York Times Co. V. Sullivan, David A. Logan
Rescuing Our Democracy By Rethinking New York Times Co. V. Sullivan, David A. Logan
Law Faculty Scholarship
No abstract provided.
Art As Speech, Edward J. Eberle
The View Outside: What Kind Of Expression For Adolescents Outside The United States?, Edward J. Eberle
The View Outside: What Kind Of Expression For Adolescents Outside The United States?, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Practical Reason: The Commercial Speech Paradigm, Edward J. Eberle
Practical Reason: The Commercial Speech Paradigm, Edward J. Eberle
Law Faculty Scholarship
First Amendment jurisprudence incorporates a continual struggle to balance coflicting interests. Free speech values must be weighed against communitarian interests in a rational manner. The article examines the foundationalist approach to this task, and finds it incapable of providing a unified First Amendment theory. Through examination of the treatment of commercial speech, the article arrives at a more coherent approach through the application of practical reasoning. The proposed methodology allows for principled analysis and decisions which yield an internally consistent body of law.