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Articles 31 - 32 of 32
Full-Text Articles in Law
Nobody's Fools: The Rational Audience As First Amendment Ideal, Lyrissa Barnett Lidsky
Nobody's Fools: The Rational Audience As First Amendment Ideal, Lyrissa Barnett Lidsky
UF Law Faculty Publications
Assumptions about audiences shape the outcomes of First Amendment cases. Yet the Supreme Court rarely specifies what its assumptions about audiences are, much less attempts to justify them. Drawing on literary theory, this Article identifies and defends two critical assumptions that emerge from First Amendment cases involving so-called core speech. The first is that audiences are capable of rationally assessing the truth, quality, and credibility of core speech. The second is that more speech is generally preferable to less. These assumptions, which I refer to collectively as the rational audience model, lie at the heart of the marketplace of ideas …
Voter Deception, Gilda R. Daniels
Voter Deception, Gilda R. Daniels
All Faculty Scholarship
In our recent electoral history, deceptive practices have been utilized to suppress votes in an attempt to affect election results. In most major elections, citizens endure warnings of arrest, deportation, and even violence if they attempt to vote. In many instances, these warnings are part of a larger scheme to suppress particular voters, whom I call “unwanted voters,” from exercising the franchise. Recent advancements in technology provide additional opportunities for persons to deceive voters, such as calls alerting citizens that Republicans (Whites) vote on Tuesday and Democrats vote (Blacks) on Wednesday. In spite of this resurgence of deception, the statutes …