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19 Dec 2011, 5:12 pm by Eugene Volokh
(Eugene Volokh) Reader Ted McClure pointed me to an interesting post on the subject on the MuslimLawProf blog (written by Prof. [read post]
19 Dec 2011, 4:00 am by Terry Hart
As I’ve researched this question, I’ve realized more and more that one of the keys to understanding the history is understanding how people in the 18th and 19th centuries conceived “freedom of speech” and “freedom of the press. [read post]
18 Dec 2011, 10:19 am by William Baude, guest-blogging
Sometimes when interstitial law is invoked in a particular context, it strikes people as weird or counter-intuitive. [read post]
12 Dec 2011, 11:17 am by Eugene Volokh
(Eugene Volokh) We begin by outlining some of the ways that the law punishes knowing falsehoods — restrictions that are generally seen by courts as not violating the First Amendment. [read post]
12 Dec 2011, 11:16 am by Eugene Volokh
See, e.g., The Law Practice of Alexander Hamilton: Documents and Commentary 811 (Julius Goebel ed. 1981) (reprinting Alexander Hamilton’s defense argument in People v. [read post]
12 Dec 2011, 11:15 am by Eugene Volokh
(Eugene Volokh) The danger discussed in the previous subsection could be diminished if, instead of recognizing a dozen exceptions, this Court recognizes a few exceptions that are capacious enough to fit the examples given above. [read post]
12 Dec 2011, 11:14 am by Eugene Volokh
(Eugene Volokh) The better solution, we believe, is to treat knowing falsehoods as categorically constituting a First Amendment exception, with some limitations we note below. [read post]
12 Dec 2011, 11:14 am by Eugene Volokh
(Eugene Volokh) The better solution, we believe, is to treat knowing falsehoods as categorically constituting a First Amendment exception, with some limitations we note below. [read post]
12 Dec 2011, 5:15 am by William Baude, guest-blogging
(William Baude, guest-blogging) Thanks to Eugene and the conspiracy for having me here. [read post]
2 Dec 2011, 3:20 pm by Eugene Volokh
(Eugene Volokh) Michael Smith and I have just filed an amicus brief that I drafted for Arming Women Against Rape & Endangerment (AWARE) in the Michigan Second Amendment stun gun case, People v. [read post]
1 Dec 2011, 4:06 pm by Eugene Volokh
(Eugene Volokh) Two years ago, Jeff Rowes of the Institute for Justice blogged about a case they were bringing seeking to establish the legality of paying people for bone marrow cells, notwithstanding the National Organ Transplant Act. [read post]
22 Nov 2011, 4:32 pm by Eugene Volokh
(Eugene Volokh) Gene Fidell (Yale Law School) and some of his students are putting together an article tentatively titled A Pronouncing Dictionary of the Supreme Court of the United States, which will basically help people know the standard ways of pronouncing Supreme Court case names (such as City of Boerne v. [read post]
16 Nov 2011, 11:25 am by Eugene Volokh
(Eugene Volokh) Some people have asked whether court decisions recognizing that some felons have a constitutional right to bear arms — if their felonies are long enough in the past — would also extend to felons’ having a constitutional right to vote. [read post]