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Full-Text Articles in Law
The Press And The Public Interest: An Essay On The Relationship Between Social Behavior And The Language Of First Amendment Theory, Lee C. Bollinger
The Press And The Public Interest: An Essay On The Relationship Between Social Behavior And The Language Of First Amendment Theory, Lee C. Bollinger
Michigan Law Review
I would like to explore in this essay one aspect of the contemporary American debate over the theory of freedom of speech and press. The subject I want to address is this: whether the principle of freedom of speech and press should be viewed as protecting some personal or individual interest in speaking and writing or whether it should be seen as fostering a collective or public interest. Sometimes this issue is stated as being whether the first amendment protects a "right to speak" or a "right to hear," though in general the problem seems to be whether we should …
The Marketplace Of Ideas: A Legitimizing Myth, Stanley Ingber
The Marketplace Of Ideas: A Legitimizing Myth, Stanley Ingber
Duke Law Journal
Theorists have often heralded the first amendment as creating a neutral marketplace of ideas. Proponents of this model view the market as essential to our society's efforts to discover truth and foster effective popular participation in government. Professor Ingber asserts that the theoretical underpinnings of this model are based on assumptions of rational decisionmaking that are implausible in modern society. He insists that, in reality, the market is severely skewed in favor of an entrenched power structure and ideology. Professor Ingber explores efforts to reform and correct this market defect and finds them equally flawed. He concludes that the marketplace …
In Search Of A Free Speech Principle, Mark G. Yudof
In Search Of A Free Speech Principle, Mark G. Yudof
Michigan Law Review
A Review of Free Speech: A Philosophical Enquiry by Frederick Schauer
How Useful Is Judicial Review In Free Speech Cases, Robert F. Nagel
How Useful Is Judicial Review In Free Speech Cases, Robert F. Nagel
Cornell Law Review
No abstract provided.
Labor Law And Free Speech: The Curious Policy Of Limited Expression, Julius Getman
Labor Law And Free Speech: The Curious Policy Of Limited Expression, Julius Getman
Maryland Law Review
No abstract provided.