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The Resilience Of Noxious Doctrine: The 2016 Election, The Marketplace Of Ideas, And The Obstinacy Of Bias, Leonard M. Niehoff, Deeva Shah Mar 2017

The Resilience Of Noxious Doctrine: The 2016 Election, The Marketplace Of Ideas, And The Obstinacy Of Bias, Leonard M. Niehoff, Deeva Shah

Michigan Journal of Race and Law

The Supreme Court has recognized the central role that free expression plays in our democratic enterprise. In his dissenting opinion in United States v. Abrams, Justice Holmes offered a theory of how free expression advances our search for truth and our cultivation of an informed electorate. That model—often called the “marketplace of ideas,” based upon the metaphor used by Holmes—has proven to be one of the most persistent and influential concepts in First Amendment jurisprudence.

The marketplace of ideas model essentially holds that free expression serves our democratic goals by allowing differing proposed truths and versions of the facts …


Schooling The Police: Race, Disability, And The Conduct Of School Resource Officers, Amanda Merkwae Oct 2015

Schooling The Police: Race, Disability, And The Conduct Of School Resource Officers, Amanda Merkwae

Michigan Journal of Race and Law

On March 25, 2015, police officers effectuated a violent seizure of a citizen in Kenner, Louisiana: [T]he police grabbed her by the ankles and dragged her away [from the tree]. . . . [She was] lying face down on the ground, handcuffed with her face pressed so closely to the ground that she was having difficulty breathing due to the grass and dirt that was so close to her nose and mouth. An officer was kneeling on top of her, pinning her down with a knee squarely in [her] back. Several other officers, as well as several school administrators, stood …