Is It Better To Be Safe Than Sorry?: Free Speech and the Precautionary Principle

Scholarship

PUBLISHER

Pepperdine Law Review

DATE

2009

Frederick Schauer

Frederick Schauer, Is It Better To Be Safe Than Sorry?: Free Speech and the Precautionary Principle, 36 Pepperdine Law Review 301-315 (2009).

How To Fix Section 230
Danielle K. Citron
Section 230 is finally getting the clear-eyed attention that it deserves. No longer is it naive to suggest that we revisit the law that immunizes... MORE
Privacy Injunctions
Danielle K. Citron
Violations of intimate privacy can be never ending. As long as nonconsensual pornography and deepfake sex videos remain online, privacy violations... MORE
Intimate Privacy’s Protection Enables Free Speech
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The protection of intimate privacy isn’t at odds with free expression. At times, we prioritize one value over the other, but, more often, intimate... MORE

Protecting Free Exercise Under Smith and After Smith
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Fulton v. City of Philadelphia is an important win for religious liberty. The Supreme Court protected a Catholic agency's ability to continue... MORE
Introduction
Frederick Schauer
Miami Herald v. Tornillo: Freedom of Speech for Whom?
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Of Crosses and Confederate Monuments: A Theory of Unconstitutional Government Speech
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This Article uses controversies over government-sponsored religious symbols and Confederate monuments to consider the appropriate constitutional... MORE
The Internet As a Speech Conversion Machine and Other Myths Confounding Section 230 Reform Efforts
Danielle K. Citron
A robust public debate is currently underway about the responsibility of online platforms. We have long called for this discussion, but only recently... MORE
Judicial Compromise and Political Uncertainty (or, What If You’re Not Sugar Ray Robinson?)
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The law and politics of LGBTQ rights and religious freedom have changed significantly since Andrew Koppelman’s book, Gay Rights v. Religious... MORE

Re-Upping Appeasement: Religious Freedom and Judicial Politics in the 2019 Term
Micah J. Schwartzman
Are some liberal justices on the Supreme Court engaged in appeasement as a strategy of judicial decisionmaking? In prior work, we specified a... MORE
The Quiet Demise of the Separation of Church and State
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Micah J. Schwartzman
The government is allowing federal pandemic aid to pay for clergy salaries, something that once would have been unthinkable.
The Right to Be Wrong
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In “Limits of Religious Freedom” (March), Matthew Schmitz says that we must recognize limits to religious freedom and boundaries to what qualifies as... MORE

Religious Antiliberalism and the First Amendment
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Micah J. Schwartzman
An emerging intellectual and ideological critique of liberalism is coinciding with a significant transformation of the American law of church and... MORE
Establishment Clause Appeasement
Micah J. Schwartzman
In this Article, we ask whether some liberal justices have followed a strategy of judicial appeasement in recent cases involving religious freedom,... MORE
Oliver Wendell Holmes, the Abrams Case, and the Origins of the Harmless Speech Tradition
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Oliver Wendell Holmes’s dissenting opinion in Abrams v. United States is rightly celebrated for what Holmes said in his concluding paragraph about... MORE

Free Speech Overrides
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This paper, prepared for a University of Chicago Law School symposium on “What’s the Harm? The Future of the First Amendment,” on October 25, 2019,... MORE
Espinoza, Government Funding, and Religious Choice
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The Supreme Court’s decision in Espinoza v. Montana Department of Revenue, holding that religious schools cannot be excluded from a state program of... MORE
Cyber Mobs, Disinformation, and Death Videos: The Internet As It Is (and As It Should Be)
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Fiction and visual representations can alter our understanding of human experiences and struggles. They help us understand human frailties and... MORE