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Full-Text Articles in Law

Racial Defamation As Free Speech: Abusing The First Amendment, Kenneth Lasson Oct 1985

Racial Defamation As Free Speech: Abusing The First Amendment, Kenneth Lasson

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The traditional view of the first amendment's free speech guarantee as absolute, allowing few and narrow exceptions, reflects the Constitution's dedication to an open and unfettered exchange of ideas. Those thoughts that are abhorrent to a free society, the argument goes, will wither when aired but fester if suppressed. Moreover, who is to decide which ideas are offensive? The interests of the state may well be inferior to those of the people, the wisdom of public servants often suspect in quality and motivation. But freedom of speech is so precious and delicate a liberty it must be preserved ...


The Voting Rights Amendment Act Of 2014: A Constitutional Response To Shelby County, Gilda R. Daniels, William Yeomans, Nicholas Stephanopoulos, Gabriel J. Chin, Samuel Bagenstos May 1985

The Voting Rights Amendment Act Of 2014: A Constitutional Response To Shelby County, Gilda R. Daniels, William Yeomans, Nicholas Stephanopoulos, Gabriel J. Chin, Samuel Bagenstos

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This Issue Brief from the American Constitution Society for Law and Policy begins by explaining the Voting Rights Act, Shelby County v. Holder, and the Voting Rights Amendment Act of 2014 (VRAA). The remaining sections then explain the four specific ways the VRAA attempted to counter the holding from the Shelby County decision.


Civil Liberties For Homosexuals: The Law In Limbo, Kenneth Lasson Apr 1985

Civil Liberties For Homosexuals: The Law In Limbo, Kenneth Lasson

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This article will examine the recent surge in litigation arising from assertions by homosexuals of their constitutional rights - cases that reflect the law in flux and conflict - and will demonstrate that both constitutional principles and social philosophy generally require resolution of the conflicts in favor of equality, without regard to sexual preference.


In Defense Of Group-Libel Laws, Or Why The First Amendment Should Not Protect Nazis, Kenneth Lasson Apr 1985

In Defense Of Group-Libel Laws, Or Why The First Amendment Should Not Protect Nazis, Kenneth Lasson

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The author discusses group libel laws, and the underlying problems when free speech is used as a defense by those who would defame specific racial or ethnic groups and/or minorities. The topic is further explained in reference to various state laws, and the subsequent court cases extant at the time of the article's writing which defined the issue in terms of law. References are also made to such laws in countries other than the United States for the sake of comparison.