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...Read more
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...Read more
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,...Read more
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...Read more
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”...Read more
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...Read more