Abstract

http://ssrn.com/abstract=1667105
 


 



Harmful Speech and the Culture of Indeterminacy


Anthony D'Amato


Northwestern University - School of Law

August 27, 2010

William & Mary Law Review, Vol. 32, 1991
Northwestern Public Law Research Paper No. 10-44

Abstract:     
I advocate two propositions in this Essay: the constitutional law of at least one category of content regulation of free speech is indeterminate, and recognition of this indeterminacy has been and ought to continue to be the Supreme Court's decisional basis for protecting speech against content regulation. Milkovich is worth examining at some length, not only because of the Court's failure to come up with general guidelines (after all, pragmatic indeterminacy predicts that failure!), but also because what the Court did say cannot even guide the lower court on remand.

Number of Pages in PDF File: 22

Keywords: Freedom of speech, Freedom of religion, First amendment, Pragmatic indeterminacy, Harmful speech, Tribe, Pragmatic indeterminacy, Pornography regulation, Obscene materials, Milkovich v. Lorain Journal Co., Miller v. California, Hustler Magazine v. Falwell, Roth v. United States, Lower court decision

JEL Classification: K10, K30, K39, K40, K49

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Date posted: August 30, 2010  

Suggested Citation

D'Amato, Anthony, Harmful Speech and the Culture of Indeterminacy (August 27, 2010). William & Mary Law Review, Vol. 32, 1991; Northwestern Public Law Research Paper No. 10-44. Available at SSRN: http://ssrn.com/abstract=1667105

Contact Information

Anthony D'Amato (Contact Author)
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
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