Robert Post

Yale University - Law School

Sterling Professor of Law

P.O. Box 208215

New Haven, CT 06520-8215

United States

SCHOLARLY PAPERS

39

DOWNLOADS

20,371

TOTAL CITATIONS

65

Scholarly Papers (39)

1.

Roe Rage: Democratic Constitutionalism and Backlash

Harvard Civil Rights-Civil Liberties Law Review, 2007, Yale Law School, Public Law Working Paper No. 131
Number of pages: 67 Posted: 04 Jun 2007
Robert Post and Reva Siegel
Yale University - Law School and Yale University - Law School
Downloads 2,774 (10,163)
Citation 2

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abortion, democracy, constitution, roe, constitutionalism, klarman, eskridge, sunstein, backlash, popular constitutionalism, adjudication

2.

The Classic First Amendment Tradition Under Stress: Freedom of Speech and the University

Yale Law School, Public Law Research Paper No. 619
Number of pages: 30 Posted: 01 Oct 2017 Last Revised: 11 Feb 2018
Robert Post
Yale University - Law School
Downloads 1,615 (23,932)
Citation 2

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constitutional law, first amendment, freedom of speech, universities, education

3.

The Kalven Report, Institutional Neutrality, and Academic Freedom

in REVISITING THE KALVEN REPORT: THE UNIVERSITY’S ROLE IN SOCIAL AND POLITICAL ACTION (Keith E. Whittington and John Tomasi, eds. Johns Hopkins Press, Forthcoming)., Yale Law School, Public Law Research Paper
Number of pages: 19 Posted: 25 Jul 2023 Last Revised: 19 Aug 2023
Robert Post
Yale University - Law School
Downloads 1,261 (34,615)

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academic freedom, institutional neutrality, Kalven Report, universities

4.

Law and Cultural Conflict

Number of pages: 33 Posted: 19 Apr 2003
Robert Post
Yale University - Law School
Downloads 1,099 (42,306)
Citation 10

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5.

Data Privacy and Dignitary Privacy: Google Spain, the Right to Be Forgotten, and the Construction of the Public Sphere

Duke Law Journal, Forthcoming, Yale Law School, Public Law Research Paper No. 598
Number of pages: 104 Posted: 17 Apr 2017 Last Revised: 08 Aug 2017
Robert Post
Yale University - Law School
Downloads 1,054 (44,808)
Citation 14

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privacy, Google Spain, freedom of speech, fair information practices, European Union, right to be forgotten, newspapers

6.

The First Amendment and the Right(s) of Publicity

Yale Law Journal, Vol. 130, 2020, Yale Law School, Public Law Research Paper Forthcoming, Loyola Law School, Los Angeles Legal Studies Research Paper No. 2020-13
Number of pages: 87 Posted: 14 Apr 2020 Last Revised: 07 Feb 2024
Robert Post and Jennifer E. Rothman
Yale University - Law School and University of Pennsylvania Law School
Downloads 825 (62,878)
Citation 2

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right of publicity, right of privacy, appropriation, misappropriation, First Amendment, free speech, privacy, torts, Zacchini

7.

The Internet, Democracy and Misinformation

in A. Koltay, C. Garden, & R. Krotoszynski (eds), Disinformation, Misinformation and Democracy (Cambridge University Press Forthcoming), Yale Law School, Public Law Research Paper
Number of pages: 11 Posted: 20 Aug 2023
Robert Post
Yale University - Law School
Downloads 780 (68,039)

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internet, democracy, freedom of speech, public sphere, communication

8.

The Unfortunate Consequences of a Misguided Free Speech Principle

Yale Law School, Public Law Research Paper
Number of pages: 19 Posted: 01 Nov 2022 Last Revised: 25 May 2023
Robert Post
Yale University - Law School
Downloads 776 (68,258)

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freedom of speech, first amendment, public opinion, public discourse, free speech principle, public sphere

9.

Theorizing Disagreement: Re-Conceiving the Relationship between Law and Politics

California Law Review, Forthcoming, Yale Law School, Public Law Working Paper No. 195
Number of pages: 42 Posted: 15 Jul 2009
Robert Post
Yale University - Law School
Downloads 747 (71,785)

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law, politics, wechsler, neutral principles, disagreement, legal process, statutory interpretation, avoidance canon, democratic constitutionalism, jurisprudence, constiutional law,

10.

Compelled Commercial Speech

Yale Law School, Public Law Research Paper No. 519
Number of pages: 53 Posted: 02 Oct 2014 Last Revised: 14 May 2015
Robert Post
Yale University - Law School
Downloads 669 (82,627)
Citation 3

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First Amendment, commercial speech, compelled speech, constitutional law

11.

Democracy and Equality

Law, Culture and the Humanities, Vol. 1, p. 142, 2005
Number of pages: 23 Posted: 30 Nov 2005
Robert Post
Yale University - Law School
Downloads 622 (90,739)
Citation 1

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Democracy, equality, self-government

12.

Reconciling Theory and Doctrine in First Amendment Jurisprudence

Number of pages: 35 Posted: 28 Feb 2000
Robert Post
Yale University - Law School
Downloads 571 (101,184)
Citation 2

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13.

Yale Law School Global Constitutionalism Seminar, E-Book Volumes 1-5, 2016

Yale Law School Global Constitutionalism Seminar, E-Book Volumes 1-5, 2016, UCLA School of Law, Public Law Research Paper No. 16-56, Yale Law & Economics Research Paper No. 566, Yale Law School, Public Law Research Paper No. 590
Number of pages: 461 Posted: 05 Dec 2016 Last Revised: 23 Jan 2017
Yale University - Law School, Supreme Court of Canada, Constitutional Court of Italy, Constitutional Court of Colombia, Supreme Court of the United Kingdom, Yale University - Law School, European Court of Human Rights, Yale Law School, Yale University - Law School, Yale University - Law School, Yale University - Law School, European Court of Human Rights, Yale University - Law School, Yale University - Law School and Yale University - Law School
Downloads 564 (102,728)

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global, constitutionalism, constitutional law, jurisprudence, procedure, civil, criminal, international law, courts, judges, judicial review, rights, liberties, human rights, sentencing

14.

Theorizing the Law/Politics Distinction: Neutral Principles, Affirmative Action, and the Enduring Legacy of Paul Mishkin

California Law Review, Vol. 95, 2007, Duke Law School Legal Studies Paper No. 138
Number of pages: 43 Posted: 03 Nov 2006 Last Revised: 04 Aug 2019
Robert Post and Neil Siegel
Yale University - Law School and Duke University School of Law
Downloads 546 (106,952)

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15.

Democratic Constitutionalism and Cultural Heterogeneity

Number of pages: 18 Posted: 07 Jun 2000
Robert Post
Yale University - Law School
Downloads 521 (113,370)
Citation 7

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16.

Adam Smith's First Amendment

128 Harvard Law Review Forum 165 (2015) , Yale Law School, Public Law Research Paper No. 534
Number of pages: 18 Posted: 18 Mar 2015
Robert Post and Amanda Shanor
Yale University - Law School and University of Pennsylvania - The Wharton School
Downloads 489 (122,376)
Citation 1

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First Amendment, commercial speech, constitutional law

17.

Federalism, Positivism, and the Emergence of the American Administrative State: Prohibition in the Taft Court Era

William and Mary Law Review, Vol. 48, No. 1, 2006, Yale Law School, Public Law Working Paper No. 118
Number of pages: 184 Posted: 16 Nov 2006
Robert Post
Yale University - Law School
Downloads 457 (132,701)
Citation 1

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legal history, prohibition, positivism, administrative law, criminal procedure, constitutional law, united states supreme court

18.

The Constitutional Status of Commercial Speech

Number of pages: 109 Posted: 20 Jul 2000
Robert Post
Yale University - Law School
Downloads 456 (133,048)
Citation 5

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19.

Protecting the Constitution from the People: Juricentric Restrictions on Section Five Power

Number of pages: 46 Posted: 16 Feb 2003
Robert Post and Reva Siegel
Yale University - Law School and Yale University - Law School
Downloads 436 (140,376)
Citation 5

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20.

Encryption Source Code and the First Amendment

Berkeley Technology Law Journal, Vol. 15, P. 713, 2000
Number of pages: 21 Posted: 10 Aug 2000
Robert Post
Yale University - Law School
Downloads 431 (142,344)
Citation 1

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21.
Downloads 399 (155,432)
Citation 1

The Logic of American Antidiscrimination Law

Number of pages: 63 Posted: 07 Jun 2000
Robert Post
Yale University - Law School
Downloads 399 (153,893)
Citation 1

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The Logic of American Antidiscrimination Law

Posted: 18 May 1999
Robert Post
Yale University - Law School

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The Logic of American Antidiscrimination Law

Posted: 07 Jun 2000
Robert Post
Yale University - Law School

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22.

The Supreme Court Opinion as Institutional Practice: Dissent, Legal Scholarship, and Decisionmaking in the Taft Court

Number of pages: 154 Posted: 04 Apr 2001
Robert Post
Yale University - Law School
Downloads 386 (161,295)
Citation 4

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23.

Misinformation and Technology: Rights and Regulation Across Borders

Global Constitutionalism: 2020
Number of pages: 89 Posted: 28 Jan 2021
Robert Post and Miguel Maduro
Yale University - Law School and affiliation not provided to SSRN
Downloads 376 (166,122)
Citation 1

Abstract:

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misinformation, freedom of speech, conflict of laws, social media

24.

Public Accommodations and the First Amendment: 303 Creative and 'Pure Speech'

Yale Law School, Public Law Research Paper
Number of pages: 51 Posted: 14 Sep 2023 Last Revised: 26 Sep 2023
Robert Post
Yale University - Law School
Downloads 349 (180,293)

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First Amendment, antidiscrimination, public accommodations, pure speech, public discourse, commercial speech

25.

Public Accommodations and the First Amendment: 303 Creative and "Pure Speech"

Yale Law School, Public Law Research Paper
Number of pages: 60 Posted: 23 Oct 2023
Robert Post
Yale University - Law School
Downloads 300 (212,124)

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First Amendment, antidiscrimination, public accommodations, pure speech, public discourse, commercial speech

26.

Managing Student Expression: A Constitutional Theory of Student Free Speech Rights

Yale Law School, Public Law Research Paper
Number of pages: 34 Posted: 10 Feb 2024 Last Revised: 27 Mar 2024
Robert Post
Yale University - Law School
Downloads 296 (215,155)
Citation 1

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First Amendment, student speech, schools, K-12, education, Managerial authority, public discourse

27.

Tension in the Unitary Executive: How Taft Constructed the Epochal Opinion of Myers v. United States

Journal of Supreme Court History, 2020, Yale Law School, Public Law Research Paper Forthcoming
Number of pages: 41 Posted: 08 Jun 2020 Last Revised: 09 Nov 2020
Robert Post
Yale University - Law School
Downloads 275 (232,090)
Citation 1

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constitutional law, separation of powers, unitary executive, William Howard Taft, legal history, constituitonal history

28.

The Incomparable Chief Justiceship of William Howard Taft

Michigan State Law Review, Vol. 2020, No. 1, 2020
Number of pages: 187 Posted: 25 Jun 2020 Last Revised: 14 Jul 2020
Robert Post
Yale University - Law School
Downloads 258 (247,649)

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William Howard Taft, Judicial Reform, Judges' Bill, Judicial Conference, Legal History

29.

NIFLA and the Construction of Compelled Speech Doctrine

Indiana Law Journal, Forthcoming
Number of pages: 33 Posted: 09 Mar 2021 Last Revised: 16 Apr 2021
Robert Post
Yale University - Law School
Downloads 234 (272,760)
Citation 1

Abstract:

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constitutional law, first amendment, compelled speech, NIFLA

30.

The Supreme Court’s Crisis of Authority: Law, Politics, and the Judiciary Act of 1925

Number of pages: 70 Posted: 17 Jan 2025 Last Revised: 10 Feb 2025
Robert Post
Yale University - Law School
Downloads 230 (277,368)

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31.

Federalism in the Taft Court Era: Can it Be 'Revived'?

Number of pages: 111 Posted: 10 Apr 2002
Robert Post
Yale University - Law School
Downloads 224 (284,535)

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32.

Transparent and Efficient Markets: Compelled Commercial Speech and Coerced Commercial Associations in United Foods, Zauderer, and Abood

Yale Law School, Public Law Working Paper No. 115, Valparaiso University Law Review, Vol. 40, p. 555, 2006
Number of pages: 44 Posted: 04 May 2006
Robert Post
Yale University - Law School
Downloads 198 (319,543)

Abstract:

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commercial speech, First Amendment

33.

The Enigma of Gitlow: Positivism, Liberty, Democracy, and Freedom of Speech

Yale Law School, Public Law Research Paper
Number of pages: 75 Posted: 07 Aug 2024 Last Revised: 04 Dec 2024
Robert Post
Yale University - Law School
Downloads 153 (401,184)

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Positivism, Liberty, Democracy, Freedom of Speech, Substantive Due Process, Due Process, Holmes, Brandeis, Gitlow, Originalism, History and Tradition, Clear and Present Danger, Abrams, Whitney

34.

Citizens Divided: Campaign Finance Reform and the Constitution

ROBERT POST, CITIZENS DIVIDED: CAMPAIGN FINANCE REFORM AND THE CONSTITUTION (Harvard University Press 2014)., Yale Law School, Public Law Research Paper No. 486
Posted: 09 Dec 2013
Robert Post
Yale University - Law School

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First Amendment, self-government, constitutional law, Campaign Finance, Citizens United, Election Law, legal history

35.

Constitutional Scholarship in the United States

International Journal of Constitutional Law, Vol. 7, Issue 3, pp. 416-423, 2009
Posted: 04 Jul 2009
Robert Post
Yale University - Law School

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36.

Legislative Constitutionalism and Section Five Power: Policentric Interpretation of the Family and Medical Leave Act

Posted: 02 May 2003
Robert Post and Reva Siegel
Yale University - Law School and Yale University - Law School

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37.

Censorship and Silencing

Getty Research Institute, 1998
Posted: 21 Jun 1999
Robert Post
Yale University - Law School

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38.

Defending the Lifeworld: Substantive Due Process in the Taft Court Era

Boston University Law Review, Vol. 78, P. 1489, 1998
Posted: 18 May 1999
Robert Post
Yale University - Law School

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39.

Race and Representation: Affirmative Action

Zone Books, 1999
Posted: 18 May 1999
Robert Post
Yale University - Law School

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