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An Accelerated History Of Expressive Freedom, Kevin F. O'Neill
An Accelerated History Of Expressive Freedom, Kevin F. O'Neill
Law Faculty Articles and Essays
My purpose in writing this article is to examine the growth of Anglo-American speech rights over the past millennium. Since the best measure of expressive freedom is the freedom to criticize one's government, I will focus on the regulation of seditious speech in an accelerated tour of history, from the printing press to the present day.
A First Amendment Compass: Navigating The Speech Clause With A Five-Step Analytical Framework, Kevin F. O'Neill
A First Amendment Compass: Navigating The Speech Clause With A Five-Step Analytical Framework, Kevin F. O'Neill
Law Faculty Articles and Essays
This Article is designed to serve as a First Amendment “compass,” explaining the Speech Clause while offering a systematic method for analyzing any claim asserted under it. The need for this Article stems from the fact that First Amendment law is more than ever a labyrinth. For students, lawyers, and judges alike, it is difficult even to identify--much less to distinguish and apply-- the various strands of applicable precedent. This is because the Supreme Court has developed a dense mass of overlapping doctrines: drawing distinctions between content-based1 and content-neutral restrictions; drawing further distinctions between fully-protected and “low-level” categories of expression; …