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Full-Text Articles in Law

The Defamation Injunction Meets The Prior Restraint Doctrine, Doug Rendleman Jan 2019

The Defamation Injunction Meets The Prior Restraint Doctrine, Doug Rendleman

Scholarly Articles

In Near v. Minnesota, the Supreme Court added the injunction to executive licensing as a prior restraint. Although the Near court circumscribed the injunction as a prior restraint, it approved criminal sanctions and damages judgments. The prior restraint label resembles a death sentence. This article maintains that such massive retaliation is overkill.

A judge’s injunction that forbids the defendant’s tort of defamation tests Near and prior restraint doctrine because defamation isn’t protected by the First Amendment. Arguing that the anti-defamation injunction has outgrown outright bans under the prior restraint rule and the equitable Maxim that “Equity will not enjoin defamation” …


Overcriminalizing Speech, Michal Buchhandler-Raphael Jan 2015

Overcriminalizing Speech, Michal Buchhandler-Raphael

Scholarly Articles

Recent years have seen a significant expansion in the criminal justice system’s use of various preemptive measures, aimed to prevent harm before it occurs. This development consists of adopting a myriad of prophylactic statutes, including endangerment crimes, which target behaviors that merely pose a risk of future harm but are not in themselves harmful at the time they are committed.

This Article demonstrates that a significant portion of these endangerment crimes criminalize various forms of speech and expression. Examples include conspiracies, attempts, verbal harassment, instructional speech on how to commit crimes, and possession crimes. The Article argues that in contrast …


First Amendment Martyr, First Amendment Opportunist: Commentary On Larry Flynt's Role In The Free Speech Debate, Rodney A. Smolla Jan 2010

First Amendment Martyr, First Amendment Opportunist: Commentary On Larry Flynt's Role In The Free Speech Debate, Rodney A. Smolla

Scholarly Articles

Not available.


Exercises In The Regulation Of Hate Speech, Rodney A. Smolla Jan 2007

Exercises In The Regulation Of Hate Speech, Rodney A. Smolla

Scholarly Articles

Not available.


Politics And The Constitution, Lewis H. Larue Apr 1997

Politics And The Constitution, Lewis H. Larue

Scholarly Articles

Not available.


Affirmative Action In The Marketplace Of Ideas, Rodney A. Smolla Jan 1991

Affirmative Action In The Marketplace Of Ideas, Rodney A. Smolla

Scholarly Articles

Not available.