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Articles 1 - 13 of 13
Full-Text Articles in Law
Precedent And Speech, Randy J. Kozel
Precedent And Speech, Randy J. Kozel
Journal Articles
The U.S. Supreme Court has shown a notable willingness to reconsider its First Amendment precedents. In recent years the Court has departed from its prior statements regarding the constitutional value of false speech. It has revamped its process for identifying categorical exceptions to First Amendment protection. It has changed its position on corporate electioneering and aggregate campaign contributions. In short, it has revised the ground rules of expressive freedom in ways both large and small.
The Court generally describes its past decisions as enjoying a presumption of validity through the doctrine of stare decisis. This Article contends that within the …
Situating Schauer, L. A. Powe Jr
Second Thoughts About The First Amendment, Randy J. Kozel
Second Thoughts About The First Amendment, Randy J. Kozel
Journal Articles
The U.S. Supreme Court has shown a notable willingness to reconsider — and depart from — its First Amendment precedents. In recent years the Court has marginalized its prior statements regarding the constitutional value of false speech. It has revamped its process for identifying categorical exceptions to First Amendment protection. It has rejected its past decisions on corporate electioneering and aggregate campaign contributions. And it has revised its earlier positions on union financing, abortion protesting, and commercial speech. Under the conventional view of constitutional adjudication, dubious precedents enjoy a presumption of validity through the doctrine of stare decisis. This Article …
Free Speech And Parity: A Theory Of Public Employee Rights, Randy J. Kozel
Free Speech And Parity: A Theory Of Public Employee Rights, Randy J. Kozel
Journal Articles
More than four decades have passed since the U.S. Supreme Court revolutionized the First Amendment rights of the public workforce. In the ensuing years the Court has embarked upon an ambitious quest to protect expressive liberties while facilitating orderly and efficient government. Yet it has never articulated an adequate theoretical framework to guide its jurisprudence. This Article suggests a conceptual reorientation of the modern doctrine. The proposal flows naturally from the Court’s rejection of its former view that one who accepts a government job has no constitutional right to complain about its conditions. As a result of that rejection, the …
Religion And Group Rights: Are Churches (Just) Like The Boy Scouts?, Richard W. Garnett
Religion And Group Rights: Are Churches (Just) Like The Boy Scouts?, Richard W. Garnett
Journal Articles
What role do religious communities, groups, and associations play - and, what role should they play - in our thinking and conversations about religious freedom and church-state relations? These and related questions - that is, questions about the rights and responsibilities of religious institutions - are timely, difficult, and important. And yet, they are often neglected.
It is not new to observe that American judicial decisions and public conversations about religious freedom tend to focus on matters of individuals' rights, beliefs, consciences, and practices. The special place, role, and freedoms of groups, associations, and institutions are often overlooked. However, if …
First Amendment In A Hostile Environment: A Primer On Free Speech And Sexual Harassment, Jules B. Gerard
First Amendment In A Hostile Environment: A Primer On Free Speech And Sexual Harassment, Jules B. Gerard
Notre Dame Law Review
No abstract provided.
Authors, Editors, And Uncommon Carriers: Identifying The Speaker Within The New Media, Michael I. Meyerson
Authors, Editors, And Uncommon Carriers: Identifying The Speaker Within The New Media, Michael I. Meyerson
Notre Dame Law Review
No abstract provided.
Discourse And Its Discontents, Frederick Schauer
Discourse And Its Discontents, Frederick Schauer
Notre Dame Law Review
No abstract provided.
Scalia's Sermonette, Michael Stokes Paulsen, Steffen N. Johnson
Scalia's Sermonette, Michael Stokes Paulsen, Steffen N. Johnson
Notre Dame Law Review
No abstract provided.
Reading Holmes Through The Lens Of Schauer: The Abrams Dissent, Vincent Blasi
Reading Holmes Through The Lens Of Schauer: The Abrams Dissent, Vincent Blasi
Notre Dame Law Review
No abstract provided.
Architecture Of The First Amendment And The Case Of Workplace Harassment, Cynthia L. Estlund
Architecture Of The First Amendment And The Case Of Workplace Harassment, Cynthia L. Estlund
Notre Dame Law Review
No abstract provided.
Banning Broadcasting – A Transatlantic Perspective, Geoffrey Bennett, Russel L. Weaver
Banning Broadcasting – A Transatlantic Perspective, Geoffrey Bennett, Russel L. Weaver
Journal Articles
The British Government's decision to prohibit radio and television networks from airing interviews or statements by members of certain Northern Ireland organizations, or by allies and sympathizers of such organizations (the Broadcasting Ban or Ban) is analyzed in context. From an analysis of the Ban, some conclusions are drawn about the nature of judicial review.
Quincy Cable And Its Effect On The Access Provisions Of The 1984 Cable Act, Mark J. Bernet
Quincy Cable And Its Effect On The Access Provisions Of The 1984 Cable Act, Mark J. Bernet
Notre Dame Law Review
No abstract provided.