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Open Access. Powered by Scholars. Published by Universities.®

2019

Jurisprudence

Southern Methodist University

Articles 1 - 3 of 3

Full-Text Articles in Law

Inciting, Requesting, Provoking, Or Persuading Others To Commit Crimes: The Legacy Of Schenck And Abrams In Free Speech Jurisprudence, Larry Alexander Jan 2019

Inciting, Requesting, Provoking, Or Persuading Others To Commit Crimes: The Legacy Of Schenck And Abrams In Free Speech Jurisprudence, Larry Alexander

SMU Law Review

No abstract provided.


“And The Truth Shall Make You Free”: Schenck, Abrams, And A Hundred Years Of History, Rodney A. Smolla Jan 2019

“And The Truth Shall Make You Free”: Schenck, Abrams, And A Hundred Years Of History, Rodney A. Smolla

SMU Law Review

No abstract provided.


Falsity And The First Amendment, G. Edward White Jan 2019

Falsity And The First Amendment, G. Edward White

SMU Law Review

This Article considers the extent to which the exclusion of forms of speech from the coverage of the First Amendment has turned on the falsity of statements within the excluded categories. It does so, first, by reviewing the Supreme Court’s early and mid-twentieth century free speech decisions, to demonstrate that none of the principal cases in which the Court swept a particular category of expression within the First Amendment’s coverage involved speech that was false; and, second, by suggesting that when the Court first announced that some “breathing space” was required for factually inaccurate statements about public officials or private …