27 Pages Posted: 18 Nov 2011
Date Written: January 1, 2005
The United States Supreme Court has to some extent federalized areas of tort law by replacing tort law's foundation in care with a concept of careless liberty. The Court has explicitly named self-expression as the intrinsic good. Thus, the unconstrained, self-defining person at the theoretical root of much of the Court's First Amendment jurisprudence will inevitably offend and injure others. Care, not liberty, will always be the intrinsic good.
Keywords: First Amendment, liberty, care, tort law, injury, intrinsic good, foundation, philosophy, self-expression
Suggested Citation: Suggested Citation
Miller, Nelson P., Lawlessness Revealed: The Supreme Court’s Man of Liberty Transcends Tort Law (January 1, 2005). Louisiana Law Review, Vol. 66, No. 95, 2005. Available at SSRN: https://ssrn.com/abstract=1961638