Abstract

http://ssrn.com/abstract=2476337
 


 



Freedom of Character: Creating a Constitutional Character Evidence Test


Colin Miller


University of South Carolina School of Law

August 5, 2014

Carolina Academic Press Book, Forthcoming

Abstract:     
This essay seeks to fill a scholarly and judicial void by proposing a First Amendment test that courts should apply when prosecutors seek to introduce defendants’ speech as character evidence. Under this constitutional character evidence test, assuming that the defendant can prove that his words are protected under the First Amendment, the prosecution would have to do more than simply satisfy the rules of evidence; it would also have to prove that application of the rules of evidence to the defendant’s words is narrowly tailored to advance a compelling state interest.

Number of Pages in PDF File: 12

Keywords: Character Evidence, First Amendment

JEL Classification: K40, K42

Accepted Paper Series


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Date posted: August 7, 2014  

Suggested Citation

Miller, Colin, Freedom of Character: Creating a Constitutional Character Evidence Test (August 5, 2014). Carolina Academic Press Book, Forthcoming. Available at SSRN: http://ssrn.com/abstract=2476337

Contact Information

Colin Miller (Contact Author)
University of South Carolina School of Law ( email )
Main & Greene Streets
Columbia, SC 29208
United States
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