… of the FirstAmendment … the FirstAmendment, but also, and perhaps even more, on those activities that only recently have been thought to have anything to do with the FirstAmendment …
… Several postwar firstamendment decisions by the United States Supreme Court are among the best known of all American cases. 1 Indeed, the opinions by Justices Holmes and …
… That trope compares the Supreme Court's contemporary speech and religion jurisprudence to its decision-making during the Lochner era. The comparison has a critical valence, of …
… to reconcile with contemporaryfirstamendment doctrine, which does … on political matters as identical for all firstamendment … becoming increasingly remote from contemporary doctrine. …
T Wu - The perilous public Square: Structural threats to free …, 2019 - degruyter.com
… that the FirstAmendment should be adapted to contemporary speech … FirstAmendment’s protection of political speech, or what we might call the story of the “politicalFirstAmendment.”…
… is a political concept and that the dominance of FirstAmendment thinking is detrimental to the rich, comprehensive politics of … The FirstAmendment framework dominates contemporary …
… holding that the FirstAmendment requires unique treatment of … play a special role in democratic politics. More broadly, we … of political speech for FirstAmendment purposes. Id. at 39. …
JK Kessler, DE Pozen - Columbia Law Review, 2018 - JSTOR
… that “contemporary critics of FirstAmendment Lochnerism … the political economic structure of the FirstAmendment disputes the … Recent scholarship on the political economy of our digital …
… may be viewed by an important segment of the political community as too costly to be … enervating contingencies and complexities of contemporaryfirstamendment doctrine. The solution …