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Full-Text Articles in Law
The Post-Truth First Amendment, Sarah C. Haan
The Post-Truth First Amendment, Sarah C. Haan
Scholarly Articles
Post-truthism is widely understood as a political problem. In this Article, I argue that post-truthism also presents a constitutional law problem—not a hypothetical concern, but a current influence on First Amendment law. Post-truthism, which teaches that evidence-based reasoning lacks value, offers a normative framework for regulating information. Although post-truthism has become a popular culture trope, I argue that we should take it seriously as a theory of decision making and information use, and as a basis for law.
This Article uses the example of compelled speech to explore how post-truth rhetoric and values are being integrated into law. When the …
God And The Profits: Is There Religious Liberty For Money-Makers?, Mark L. Rienzi
God And The Profits: Is There Religious Liberty For Money-Makers?, Mark L. Rienzi
Scholarly Articles
Is there a religious way to pump gas, sell groceries, or advertise for a craft store? Litigation over the HHS contraceptive mandate has raised the question whether a for-profit business and its owner can engage in religious exercise under federal law. The federal government has argued, and some courts have found, that the activities of a profit-making business are ineligible for religious freedom protection.
This article offers a comprehensive look at the relationship between profit-making and religious liberty, arguing that the act of earning money does not preclude profit-making businesses and their owners from engaging in protected religious exercise.
Many …
Neutral No More: Secondary Effects Analysis And The Quiet Demise Of The Content-Neutrality Test, Mark L. Rienzi
Neutral No More: Secondary Effects Analysis And The Quiet Demise Of The Content-Neutrality Test, Mark L. Rienzi
Scholarly Articles
When the Supreme Court introduced the “secondary effects” doctrine to allow for zoning of adult businesses, critics fell into two camps. Some, like Justice Brennan, predicted dire consequences for the First Amendment, particularly if the doctrine were used in political speech cases. Others, like Professor Laurence Tribe, predicted secondary effects analysis would be limited to sexually explicit speech, and would not threaten the First Amendment. The modern consensus is that the doctrine has, in fact, been limited to cases about sex.
Recent cases demonstrate, however, that the impact of the secondary effects doctrine on the First Amendment has been broader …
Free Speech Rationales After September 11th: The First Amendment In Post-World Trade Center America, Marin Roger Scordato
Free Speech Rationales After September 11th: The First Amendment In Post-World Trade Center America, Marin Roger Scordato
Scholarly Articles
The tragic events of September 11th generated numerous proposals for greater security measures and increased police powers that might, if implemented, constrict the customary scope of free speech in the United States. Legitimate concerns for internal security have placed increased pressures on traditional constitutional protections for expressive activity. It is against this backdrop that this article presents a careful examination of the basic rationales for adopting constitutional level protections for free speech. The article analyzes the nature of, and many of the conflicts among, the traditional rationales for a constitutional right of free expression. It also suggests that much of …
Politics And The Constitution, Lewis H. Larue
Taking Libel Reform Seriously, Rodney A. Smolla