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Full-Text Articles in Law
Janus's Two Faces, Kate Andrias
Janus's Two Faces, Kate Andrias
Faculty Scholarship
In ancient Roman religion and myth, Janus is the god of beginnings, transitions, and endings. He is often depicted as having two faces, one looking to the future and one to the past. The Supreme Court’s Janus v AFSCME case of last Term is fittingly named.Stunning in its disregard of principles of stare decisis, Janus overruled the forty-year-old precedent Abood v Detroit Board of Education.The Janus decision marks the end of the post – New Deal compromise with respect to public sector unions and the First Amendment. Looking to the future, Janus lays the groundwork for further attack on …
A Reader’S Guide To John Milton’S Areopagitica, The Foundational Essay Of The First Amendment Tradition, Vincent A. Blasi
A Reader’S Guide To John Milton’S Areopagitica, The Foundational Essay Of The First Amendment Tradition, Vincent A. Blasi
Faculty Scholarship
Fittingly, the most imaginative and densely suggestive of the classic arguments for free speech was written by a poet. Had his career unfolded as he wished, John Milton would never have produced his renowned Areopagitica of 1644. It was only with great reluctance that he undertook to engage in prose polemics during the English Civil War, sacrificing his “calm and pleasing solitariness” to “embark in a troubled sea of noises and hoarse disputes.” He described pamphleteering as something he did “with the left hand” all the while “knowing myself inferior to myself.” Posterity, always a Miltonic concern, has begged to …
Holmes And The Marketplace Of Ideas, Vincent A. Blasi
Holmes And The Marketplace Of Ideas, Vincent A. Blasi
Faculty Scholarship
At least five basic values might be served by a robust free speech principle: (1) individual autonomy; (2) truth seeking; (3) self-government; (4) the checking of abuses of power; (5) the promotion of good character. Free speech might serve one or more of these values by functioning in at least three different ways: (1) as a privileged activity; (2) as a social mechanism; (3) as a cultural force. My contention is that the conventional understanding of the most familiar metaphor in the First Amendment lexicon, the "marketplace of ideas," has had the undesirable effect of focusing attention too much on …
The New Censorship: Institutional Review Boards, Philip A. Hamburger
The New Censorship: Institutional Review Boards, Philip A. Hamburger
Faculty Scholarship
Do federal regulations on Institutional Review Boards violate the First Amendment? Do these regulations establish a new sort of censorship? And what does this reveal about the role of the Supreme Court?
The End Of New York Times V Sullivan: Reflections On Masson V New Yorker Magazine, Lee C. Bollinger
The End Of New York Times V Sullivan: Reflections On Masson V New Yorker Magazine, Lee C. Bollinger
Faculty Scholarship
Virtually every year since New York Times v Sullivan, the Supreme Court has decided at least one or two First Amendment cases involving the press. This now seemingly permanent, annual pageant of media cases undoubtedly has significance for the development of both constitutional law and the character of American journalism, though oddly that significance has been little explored in the scholarly literature. This past year the Court had two cases, both of which received an unusual amount of discussion within the press. It is, of course, understandable, even if not wholly defensible, for the press to give disproportionate coverage …