Carolina Academic Press Book, Forthcoming
12 Pages Posted: 7 Aug 2014
Date Written: August 5, 2014
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.
Keywords: Character Evidence, First Amendment
JEL Classification: K40, K42
Suggested Citation: Suggested Citation
Miller, Colin, Freedom of Character: Creating a Constitutional Character Evidence Test (August 5, 2014). Carolina Academic Press Book, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2476337