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Articles 1 - 4 of 4

Full-Text Articles in Law

Rescuing Our Democracy By Rethinking New York Times Co. V. Sullivan, David A. Logan Jan 2020

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 Jan 2007

Art As Speech, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


The View Outside: What Kind Of Expression For Adolescents Outside The United States?, Edward J. Eberle Oct 2005

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 Jan 1992

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.