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Articles 1 - 19 of 19
Full-Text Articles in Law
Stanley Fish, The First, And The Life Of The Law, Samuel A. Terilli, Jr.
Stanley Fish, The First, And The Life Of The Law, Samuel A. Terilli, Jr.
FIU Law Review
No abstract provided.
Hate Speech - The United States Versus The Rest Of The World?, Kevin Boyle
Hate Speech - The United States Versus The Rest Of The World?, Kevin Boyle
Maine Law Review
The search for a commonly agreed upon international legal understanding of the meaning of free speech or freedom of expression, as an individual human right, was a major international preoccupation from the 1940s to the 1980s. During the Cold War it was, of course, also a highly ideological debate. There were three positions, broadly speaking: the Soviet Union and its allies, who had little enthusiasm for the idea at all; the United States, which believed in it—many thought—too much; and the rest, the other Western democracies and developing countries, who tried to hold the middle ground. These contrasting positions were …
Sex, Lies, And Ultrasound, B. Jessie Hill
Sex, Lies, And Ultrasound, B. Jessie Hill
University of Colorado Law Review
No abstract provided.
The Government Brand, Mary-Rose Papandrea
The Government Brand, Mary-Rose Papandrea
Northwestern University Law Review
In Walker v. Texas Division, Sons of Confederate Veterans, Inc., the U.S. Supreme Court held that Texas could deny the Sons of Confederate Veterans a specialty license plate because the public found the group’s Confederate flag logo offensive. The Court did not reach this conclusion because it deemed the Confederate flag to fall within a category of unprotected speech, such as true threats, incitement, or fighting words; because it revisited its determination in R.A.V. v. City of St. Paul that restrictions on hate speech are unconstitutional; because travelers who see the license plates are a “captive audience”; or because …
Harassing Speech In The Public Schools: The Validity Of Schools' Regulation Of Fighting Words And The Consequences If They Do Not, Adam A. Milani
Harassing Speech In The Public Schools: The Validity Of Schools' Regulation Of Fighting Words And The Consequences If They Do Not, Adam A. Milani
Akron Law Review
What can - and should - schools do about the harassment which their students are suffering? While the issues of hateful and harassing speech and political correctness on college campuses have received a great deal of attention in both the mass media and legal journals, the very real problem of student-to-student harassment in grammar and high schools has only recently been given attention in either forum. More specifically, there has been little attention paid to the questions of whether (1) the First Amendment permits grammar and high schools to control harassing speech by students, (2) schools violate civil rights statutes …
First Amendment Decisions - 2002 Term, Joel Gora
First Amendment Decisions - 2002 Term, Joel Gora
Touro Law Review
No abstract provided.
The Underappreciated First Amendment Importance Of Lawrence V. Texas, Michael P. Allen
The Underappreciated First Amendment Importance Of Lawrence V. Texas, Michael P. Allen
Washington and Lee Law Review
No abstract provided.
Militating Democracy: Comparative Constitutional Perspectives, Ruti Teitel
Militating Democracy: Comparative Constitutional Perspectives, Ruti Teitel
Michigan Journal of International Law
Can constitutional review by judges save democracy? This Article identifies and discusses the rise of "militant constitutional democracy" by exploring diverse approaches to the role of constitutional and transnational judicial review in rights protection and the challenges that these approaches present to the workings of democracy, the possibilities of compromise, consensus, and conciliation in political life, and the challenge to other constitutional values as well. "Militant constitutional democracy" ought to be understood as belonging to transitional constitutionalism, associated with periods of political transformation that often demand closer judicial vigilance in the presence of fledgling and often fragile democratic institutions; it …
The Banality Of Evil And The First Amendment, W. Bradley Wendel
The Banality Of Evil And The First Amendment, W. Bradley Wendel
Michigan Law Review
In the late spring and early summer of 1994, hundreds of thousands of people in Rwanda - an estimated ten percent of the population - were brutally murdered by their fellow citizens, generally for the "crime" of belonging to the socially and economically dominant, but numerically minority Tutsi ethnic group. The slaughter followed a systematic propaganda campaign coordinated by the Rwandan government, dominated by members of the Hutu ethnic group, who had long harbored grievances against Tutsis. The campaign demonized Tutsis as "devils," stirred up fear among the largely rural and poor Hutu population by propagating false information about a …
Tolerance As Understanding, Jay Schiffman
Tolerance As Understanding, Jay Schiffman
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The First Amendment And Speech-Based Torts: Recalibrating The Balance, Quin S. Landon
The First Amendment And Speech-Based Torts: Recalibrating The Balance, Quin S. Landon
University of Miami Law Review
No abstract provided.
Dissent, Free Speech, And The Continuing Search For The "Central Meaning" Of The First Amendment, Ronald J. Krotoszynski Jr.
Dissent, Free Speech, And The Continuing Search For The "Central Meaning" Of The First Amendment, Ronald J. Krotoszynski Jr.
Michigan Law Review
Since the Warren Court's expansive construction of the Free Speech Clause of the First Amendment, there has been no shortage of legal scholarship aimed at justifying the remarkably broad protections afforded the freedom of speech under landmark cases such as Brandenburg v. Ohio, New York Times Co. v. Sullivan, and Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. At the same time, in recent years, a growing chorus of free speech skeptics have made their voices heard.5 These legal scholars have questioned why a commitment to freedom of expression should displace other (constitutional) values such as equality, …
The First Amendment Comes Of Age: The Emergence Of Free Speech In Twentieth-Century America, G. Edward White
The First Amendment Comes Of Age: The Emergence Of Free Speech In Twentieth-Century America, G. Edward White
Michigan Law Review
As the number of issues perceived as having First Amendment implications continues to grow, and the coterie of potential beneficiaries of First Amendment protection continues to widen - including not only the traditional oppressed mavericks and despised dissenters but some rich and powerful members from the circles of political and economic orthodoxy - alarms have been sounded. Another period of stocktaking for free speech theory appears to be dawning, and some recent commentators have proposed a retrenchment from the long twentieth- century progression of increasingly speech-protective interpretations of the First Amendment. At the heart of the retrenchment literature lies the …
R.A.V. V. St. Paul: The Debate Over The Constitutionality Of Hate Crime Laws Ends; Or Is This Just The Beginning, Joseph E. Starkey Jr.
R.A.V. V. St. Paul: The Debate Over The Constitutionality Of Hate Crime Laws Ends; Or Is This Just The Beginning, Joseph E. Starkey Jr.
West Virginia Law Review
No abstract provided.
The Sociology Of The Hate Speech Debate, Frederick Schauer
The Sociology Of The Hate Speech Debate, Frederick Schauer
Villanova Law Review
No abstract provided.
Regulating Workplace Sexual Harassment And Upholding The First Amendment - Avoiding A Collision, Nadine Strossen
Regulating Workplace Sexual Harassment And Upholding The First Amendment - Avoiding A Collision, Nadine Strossen
Villanova Law Review
No abstract provided.
Hate Speech And The First Amendment: On A Collision Course, Gilbert Paul Carrasco
Hate Speech And The First Amendment: On A Collision Course, Gilbert Paul Carrasco
Villanova Law Review
No abstract provided.
Crossburning And The Sound Of Silence: Antisubordination Theory And The First Amendment, Charles R. Lawrence Iii
Crossburning And The Sound Of Silence: Antisubordination Theory And The First Amendment, Charles R. Lawrence Iii
Villanova Law Review
No abstract provided.
Hate Speech: The Present Implications Of A Historical Dilemma, Floyd Abrams
Hate Speech: The Present Implications Of A Historical Dilemma, Floyd Abrams
Villanova Law Review
No abstract provided.