Words “Which By Their Very Utterance Inflict Injury”: The Evolving Treatment of Inherently Dangerous Speech in Free Speech Law and Theory

Wednesday, March 4, 2009 | Comments Off on Words “Which By Their Very Utterance Inflict Injury”: The Evolving Treatment of Inherently Dangerous Speech in Free Speech Law and Theory

In 1942, Chaplinsky v. New Hampshire, a unanimous Supreme Court in an opinion written by Justice Frank Murphy, upheld the conviction for a Jehovah’s Witness named Walter Chaplinksy for violating a New Hampshire statute involving verbal abuse. To the...

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Is It Better to Be Safe than Sorry?: Free Speech and the Precautionary Principle

Tuesday, March 3, 2009 | Comments Off on Is It Better to Be Safe than Sorry?: Free Speech and the Precautionary Principle

Many of the problems of free speech are problems of causation. More specifically, the vast majority of events in which free speech concerns arise are ones in which an issue is presented about the relationship between some speech act...

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Free Speech in the Twenty-First Century: Ten Lessons from the Twentieth Century

Monday, March 2, 2009 | Comments Off on Free Speech in the Twenty-First Century: Ten Lessons from the Twentieth Century

At the turn of the twentieth century, we knew almost nothing about the First Amendment. Although there had been important disputes about free speech over the Sedition Act of 1798, the suppression of abolitionist literature in the early nineteenth...

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Introduction

Sunday, March 1, 2009 | Comments Off on Introduction

Professor Barry P. McDonald introduces the 2008 Pepperdine Law Review Symposium, titled “Free Speech and Press in the Modern Age: Can 20th Century Theory Bear the Weight of 21st Century Demands?”

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The Muted Rise of the Silent Witness Rule in National Security Litigation: The Eastern District of Virginia’s Answer to the Fight Over Classified Information at Trial

Thursday, December 4, 2008 | Comments Off on The Muted Rise of the Silent Witness Rule in National Security Litigation: The Eastern District of Virginia’s Answer to the Fight Over Classified Information at Trial

The state secrets problem is emblematic of a judicial issue which is not confined to the civil cases in which the privilege is asserted – the tension between the government’s interest in protecting classified information and society’s interest in...

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Given an Inch, the Detainee Effort to Take a Mile: The Detainee Legislation and the Dangers of the “Litigation Weapon in Unrestrained Enemy Hands”

Wednesday, December 3, 2008 | Comments Off on Given an Inch, the Detainee Effort to Take a Mile: The Detainee Legislation and the Dangers of the “Litigation Weapon in Unrestrained Enemy Hands”

This Comment addresses one of the most fundamental questions in the debate over detainee rights: whether the DTA/MCA review process is a proper exercise of congressional authority to determine the habeas rights of detainees in light of the habeas...

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