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Articles 1 - 15 of 15
Full-Text Articles in Law
United States Supreme Court Survey: 2018 Term: Iancu V. Brunetti: Free Speech Meets "Immoral And Scandalous" Trademarks In The Supreme Court, Niki Kuckes
Law Faculty Scholarship
No abstract provided.
Rescuing Our Democracy By Rethinking New York Times Co. V. Sullivan, David A. Logan
Rescuing Our Democracy By Rethinking New York Times Co. V. Sullivan, David A. Logan
Law Faculty Scholarship
No abstract provided.
U.S. Supreme Court Surveys: 2016 Term. Matal V. Tam: Free Speech Meets "Disparaging" Trademarks In The Supreme Court, Niki Kuckes
U.S. Supreme Court Surveys: 2016 Term. Matal V. Tam: Free Speech Meets "Disparaging" Trademarks In The Supreme Court, Niki Kuckes
Law Faculty Scholarship
No abstract provided.
The Architecture Of First Amendment Free Speech, Edward J. Eberle
The Architecture Of First Amendment Free Speech, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
The Clear And Present Internet: Terrorism, Cyberspace, And The First Amendment, Peter Margulies
The Clear And Present Internet: Terrorism, Cyberspace, And The First Amendment, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Art As Speech, Edward J. Eberle
Roger Williams On Liberty Of Conscience, Edward J. Eberle
Roger Williams On Liberty Of Conscience, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Is There A "Religious Question" Doctrine?: Judicial Authority To Examine Religious Practices And Beliefs, Jared Goldstein
Is There A "Religious Question" Doctrine?: Judicial Authority To Examine Religious Practices And Beliefs, Jared Goldstein
Law Faculty Scholarship
No abstract provided.
Cross Burning, Hate Speech, And Free Speech In America, Edward J. Eberle
Cross Burning, Hate Speech, And Free Speech In America, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Another Of Roger William's Gifts: Women's Right To Liberty Of Conscience: Joshua Verin V. Providence Plantations, Edward J. Eberle
Another Of Roger William's Gifts: Women's Right To Liberty Of Conscience: Joshua Verin V. Providence Plantations, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Coercion, Pop-Psychology, And Judicial Moralizing: Some Proposals For Curbing Judicial Abuse Of Probation Conditions, Andrew Horwitz
Coercion, Pop-Psychology, And Judicial Moralizing: Some Proposals For Curbing Judicial Abuse Of Probation Conditions, Andrew Horwitz
Law Faculty Scholarship
No abstract provided.
Roger Williams's Gift: Religious Freedom In America, Edward J. Eberle
Roger Williams's Gift: Religious Freedom In America, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Hate Speech, Offensive Speech, And Public Discourse In America, Edward J. Eberle
Hate Speech, Offensive Speech, And Public Discourse In America, Edward J. Eberle
Law Faculty Scholarship
In this article, Professor Eberle discusses several limitations on governmental power to regulate public discourse. After examining the United States Supreme Court decisions of R.A.V. v. City of St. Paula nd Wisconsin v. Mitchell, Professor Eberle concludes that government should refrain from regulating speech itself. Rather, any restrictions should focus strictly on the problematic conduct underlying the speech which justifies regulation. Professor Eberle also concludes that the Court has implicitly recognized two distinct subcategories of "content" discrimination and viewpoint discrimination. Both subcategories are presumptively unconstitutional and nominally subject to conventional strict scrutiny. The Court, however, finds viewpoint discrimination more dangerous …
Practical Reason: The Commercial Speech Paradigm, Edward J. Eberle
Practical Reason: The Commercial Speech Paradigm, Edward J. Eberle
Law Faculty Scholarship
First Amendment jurisprudence incorporates a continual struggle to balance coflicting interests. Free speech values must be weighed against communitarian interests in a rational manner. The article examines the foundationalist approach to this task, and finds it incapable of providing a unified First Amendment theory. Through examination of the treatment of commercial speech, the article arrives at a more coherent approach through the application of practical reasoning. The proposed methodology allows for principled analysis and decisions which yield an internally consistent body of law.
Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle
Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.