Red Lion and Pacifica: Are They Relics?

Tuesday, March 10, 2009 | Comments Off on Red Lion and Pacifica: Are They Relics?

Geoffrey Stone’s fine keynote address offers a superb summary of the lessons of twentieth century First Amendment litigation. Like Stone’s monumental Perilous Times and his Chicago predecessor Harry Kalven’s A Worthy Tradition, Stone is largely celebratory of the Supreme...

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The Future of Free Expression in a Digital Age

Monday, March 9, 2009 | Comments Off on The Future of Free Expression in a Digital Age

In the twenty-first century, at the very moment that our economic and social lives are increasingly dominated by information technology and information flows, the judge-made doctrines of the First Amendment seem increasingly irrelevant to the key free speech battles...

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Can Freedom of Speech Bear the Twenty-First Century’s Weight?

Sunday, March 8, 2009 | Comments Off on Can Freedom of Speech Bear the Twenty-First Century’s Weight?

My central claim in response to the issue that has been posed for this panel is that free political debate has, in fact, not outlived its usefulness. I concede that free political debate is under siege, as of course...

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Campaign Finance Regulation and the Marketplace of Emotions

Saturday, March 7, 2009 | Comments Off on Campaign Finance Regulation and the Marketplace of Emotions

This essay examines the validity, in light of new empirical research, of the free speech theory the U.S. Supreme Court uses to justify the doctrines it currently employs to assess the constitutionality of campaign finance regulations. The Court’s model,...

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The Constitutional Logic of Campaign Finance Regulation

Friday, March 6, 2009 | Comments Off on The Constitutional Logic of Campaign Finance Regulation

This essay explores the potential implications of the creation of a distinct “election period” through the BCRA reforms to campaign finance law. The idea of a separate set of rights of expression during the immediate pre-election period is a...

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The Regulation of Extremist Speech in the Era of Mass Digital Communications: Is Brandenburg Tolerance Obsolete in the Terrorist Era?

Thursday, March 5, 2009 | Comments Off on The Regulation of Extremist Speech in the Era of Mass Digital Communications: Is Brandenburg Tolerance Obsolete in the Terrorist Era?

Both the general theme of this symposium and the specific topic of this panel give me the opportunity to stress how conservative we civil libertarians are! We do not think the Constitution should stay “in tune with the times”...

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