Must Speech Be Special? (excerpts)

Frederick Schauer;

Scholarship

Must Speech Be Special? (excerpts)

Frederick Schauer

PUBLISHER

Prometheus Books

DATE

2009

UVA Law Faculty Affiliations

Frederick Schauer

Citation

Frederick Schauer, Must Speech Be Special? (excerpts), in Vikram David Amar The First Amendment, Freedom of Speech: Its Constitutional History and the Contemporary Debate, Prometheus Books, 85–99 (2009).

More in This Category

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
Religious Freedom and Abortion
Richard C. Schragger

Micah J. Schwartzman
The demise of Roe v. Wade has raised a host of religious liberty questions that were submerged prior to the Supreme Court’s decision in Dobbs v.... MORE
Intimate Privacy’s Protection Enables Free Speech
Danielle K. Citron
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

This Is the Worst Time for Donald Trump to Return to Twitter
Danielle K. Citron
Apparently, “Vox Populi” has spoken, and they want former President Donald Trump back on Twitter. A thin majority of 51.8 percent of 15 million poll... MORE
Slipping from Secularism
Micah J. Schwartzman

Richard C. Schragger
Some egalitarian theories of religious freedom allow for the possibility of religious exemptions. Theories of equal value hold that when the... MORE
The most disturbing aspect of Vanessa Bryant’s case
Danielle K. Citron
Vanessa Bryant’s recent verdict against the Los Angeles County Sheriff’s and Fire Departments represents a federal jury’s response to immoral and... MORE

On Friendship, Tolerance, and Religious Liberty
Douglas Laycock
This post was prepared for a roundtable on Wrestling with Religious Diversity, convened as part of LevinsonFest 2022—a year-long series gathering... MORE
Abortion Bans Are Going to Make Stalkerware Even More Dangerous
Danielle K. Citron
“Jolie,” a middle school teacher in her 20s, had no idea how her ex knew where she would be after work. He confronted her at the supermarket, public... 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

Letter: Free speech is a fundamental U.Va. value
Julia D. Mahoney

Paul G. Mahoney

Jason S. Johnston
As faculty members at the University, we are writing to object to The Cavalier Daily’s recent editorial arguing that former vice president Mike Pence... MORE
Fix Section 230 and hold tech companies to account
Danielle K. Citron
In the internet’s earliest days, all we saw was its promise. The nascent technology was celebrated for its ability to connect strangers and to ease... MORE
The Oxford Handbook of Freedom of Speech
Frederick Schauer
This book discusses freedom of speech, which is central to the liberal democratic tradition. Freedom of speech touches on every aspect of our social... MORE

What is ‘Speech’? The Question of Coverage
Frederick Schauer
This chapter assesses the question of coverage of the right to freedom of speech. Beneath the language and complexities of the question of coverage,... MORE
Free Speech and Commercial Advertising
Frederick Schauer
This chapter studies the relationship between free speech and commercial advertising. In the contemporary world, a substantial percentage of the... MORE
Of Crosses and Confederate Monuments: A Theory of Unconstitutional Government Speech
Richard C. Schragger
This Article uses controversies over government-sponsored religious symbols and Confederate monuments to consider the appropriate constitutional... MORE

Introduction
Frederick Schauer
Protecting Free Exercise Under Smith and After Smith
Douglas Laycock
Fulton v. City of Philadelphia is an important win for religious liberty. The Supreme Court protected a Catholic agency's ability to continue... MORE
Miami Herald v. Tornillo: Freedom of Speech for Whom?
Leslie Kendrick
This piece is part of a forthcoming volume entitled Painting Constitutional Law, which pairs artist Xavier Cortada’s series of paintings, “May It... MORE

Scholarship

Must Speech Be Special? (excerpts)

UVA Law Faculty Affiliations

Citation

More in This Category

ABOUT

APPLY

ACADEMICS

SERVICES

PEOPLE

CAREERS

NEWS & EVENTS

COMMUNITY