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22 Apr 2024, 9:01 pm
Delaware law provides an answer. [read post]
16 Apr 2024, 4:27 pm
First, Prof. [read post]
11 Apr 2024, 8:38 am
Another way of putting this is to say that looking again at the fire meme pushes us to think about the limits of the First Amendment in more nuanced ways than the inside baseball conversation about false cries of fire in crowded theaters often permits.The post Journal of Free Speech Law: "'Falsely Shouting Fire,'" by Profs. [read post]
10 Apr 2024, 7:37 pm
[If adopted by the Supreme Court, Prof. [read post]
10 Apr 2024, 2:20 pm
When Dean Erwin Chemerinsky and Prof. [read post]
10 Apr 2024, 5:01 am
I'm glad to be able to pass along this item from Prof. [read post]
10 Apr 2024, 3:59 am
In reaction to this conundrum, Prof. [read post]
4 Apr 2024, 5:01 am
The result, nevertheless, is a body of law that, notwithstanding its frequent invocation of the importance of safeguarding the search for truth, often leaves "truth" vulnerable to the manipulation of media moguls, party bosses, and charismatic speakers. [read post]
2 Apr 2024, 9:12 am
At the same time, partisan cable media preferences, the algorithmic influence of online platforms, and longstanding professional conventions of traditional media have amplified the spread of false information or on occasion declined to circulate the truth, seeming to operate in more diffuse ways to undermine prospects for the kind of compromise or even shared perception that democratic governance requires. [read post]
1 Apr 2024, 2:24 pm
University of Pennsylvania law Prof. [read post]
1 Apr 2024, 8:06 am
My hope with this paper is to explore the role of anonymity and identification even beyond the risk of speech suppression and disproportionate effects.The post Journal of Free Speech Law: "Anonymity, Identity, and Lies," by Prof. [read post]
31 Mar 2024, 9:54 am
By focusing on the politics of opinion rather than information, reform efforts centered on speech law and speech acts risk exacerbating, rather than ameliorating, the crises of American democracy.The post Journal of Free Speech Law: "Fake News, Lies, and Other Familiar Problems," by Prof. [read post]
31 Mar 2024, 8:00 am
” NY Times “Health care is one of the few major issues that more voters say they trust Biden than Trump to handle, according to national media polls. [read post]
30 Mar 2024, 9:35 am
Agency for Global Media (USAGM) was sued by several of its employees. [read post]
29 Mar 2024, 1:10 pm
We should devote at least as much attention to the sorts of constitutional norms that are needed to make government effective as we do to the norms that are needed to avert tyranny.The post Journal of Free Speech Law: "Government Counterspeech," by Prof. [read post]
29 Mar 2024, 8:58 am
In response, Prof. [read post]
29 Mar 2024, 8:20 am
," by Profs. [read post]
26 Mar 2024, 12:16 pm
[Prof. [read post]
26 Mar 2024, 9:14 am
See Philip Hamburger, Natural Rights, Natural Law, and American Constitutions 908-09. [read post]
25 Mar 2024, 2:12 pm
(Rafael Henrique | Dreamstime.com)Columbia law Prof. [read post]