Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Type
Articles 1 - 3 of 3
Full-Text Articles in Law
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 …
Implications Of Mill's Theory Of Liberty For The Regulation Of Hate Speech And Hate Crimes, Keith N. Hylton
Implications Of Mill's Theory Of Liberty For The Regulation Of Hate Speech And Hate Crimes, Keith N. Hylton
Faculty Scholarship
The notion that utilitarianism cannot support a theory of fundamental rights is a recurring source of conflict in law and philosophy.' Those who adhere to this view argue that a utilitarian or consequentialist approach cannot provide a stable, permanent justification for rights: at any moment, the utilitarian calculus might conclude that what it considered a right yesterday, actually reduces total welfare, and therefore is not a right today. Perhaps no one has gone further in attempting to refute this claim than John Stuart Mill.' As a result, any effort to construct a consequentialist theory of fundamental rights must draw at …
Worlds Apart: Reconciling Freedom Of Speech And Equality, John A. Powell
Worlds Apart: Reconciling Freedom Of Speech And Equality, John A. Powell
Kentucky Law Journal
No abstract provided.