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Full-Text Articles in Law

Freedom Of Speech And True Threats, Jennifer E. Rothman Oct 2001

Freedom Of Speech And True Threats, Jennifer E. Rothman

All Faculty Scholarship

This article proposes a new test for determining what is a true threat - speech not protected by the First Amendment. Despite the importance of the true threats exception to the First Amendment, this is an underexplored area of constitutional law.

Even though the Supreme Court has made clear that true threats are punishable, it has not clearly defined what speech constitutes a true threat. To make this determination circuit courts have adopted inconsistent and inadequate tests including a reasonable listener test. The Supreme Court has never granted certiorari to resolve the issue.

The law surrounding threats has gained recent …


Hate And The Bar: Is The Hale Case Mccarthyism Redux Or A Victory For Racial Equality?, W. Bradley Wendel May 2001

Hate And The Bar: Is The Hale Case Mccarthyism Redux Or A Victory For Racial Equality?, W. Bradley Wendel

Cornell Law Faculty Publications

The application of the constitutional free expression guarantee to the activities of the organized bar is one of the most important unexplored areas of legal ethics. In this essay I will consider in particular the question of whether an applicant may be denied admission to the bar for involvement with hateful or discriminatory activities. This question reveals the tension between the first amendment principle, established after the agonizing struggles of the McCarthy era, that no one may be denied membership in the bar because of his or her beliefs alone, and the plenary authority of bar associations to make predictive …


First Amendment Protects Crude Protest Of Police Action, Martin A. Schwartz Jan 2001

First Amendment Protects Crude Protest Of Police Action, Martin A. Schwartz

Scholarly Works

No abstract provided.


Why Doesn't She Leave? The Collision Of First Amendment Rights And Effective Court Remedies For Victims Of Domestic Violence, Laurie S. Kohn Jan 2001

Why Doesn't She Leave? The Collision Of First Amendment Rights And Effective Court Remedies For Victims Of Domestic Violence, Laurie S. Kohn

Georgetown Law Faculty Publications and Other Works

Despite the persistence of the question, social science literature is replete with reasons why a victim does not or cannot leave a battering relationship. Commonly cited explanations include lack of financial resources; fear of physical retribution; lack of access to information about options for escape; enduring love for the batterer and belief he will change; learned helplessness; and depression. This Article, however, focuses on a pervasive and previously unexamined reason: the victim's fear that the batterer will publicize truthful confidential information that will hurt her. If the victim were to seek the court's protection, most state courts have the authority …