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First Amendment Standards For Government Subsidies Of Artistic And Cultural Expression: A Reply To Justices Scalia And Rehnquist, Lionel S. Sobel
First Amendment Standards For Government Subsidies Of Artistic And Cultural Expression: A Reply To Justices Scalia And Rehnquist, Lionel S. Sobel
Vanderbilt Law Review
May an opera house limit its productions to operas, or must it also show rock musicals? May a municipal theater devote an entire season to Shakespeare, or is it required to book any potential producer on a first come, first served basis?"'" As Professor Kenneth Karst observed in his comment on Southeastern Promotions, the Court's majority "answered these questions with silence."The failure of the Court to respond to Justices Scalia and Rehnquist is puzzling, because in both cases their questions are easily answered. ...
None of these answers, however, would have required a different result in Arkansas Writers' Project or …
Trends In First Amendment Protection Of Commercial Speech, Mary B. Nutt
Trends In First Amendment Protection Of Commercial Speech, Mary B. Nutt
Vanderbilt Law Review
Recent Development:
The first amendment guarantees that "Congress shall make no law... abridging the freedom of speech or of the press."' Over the past few decades, the Supreme Court has applied the first amendment to commercial speech only sporadically. The Court has vacillated between refusing to apply the first amendment, liberally extending first amendment guarantees,4 and applying limited first amendment protections to commercial speech.' This expansion and contraction of first amendment protection stems partly from three factors: (1) the Court's characterization of the speech at issue as commercial or noncommercial, (2) the Court's perception of the relevant regulation as content-based …