Frederick Schauer (born 15 January 1946) is the David and Mary Harrison Distinguished Professor of Law at the University of Virginia and Frank Stanton Professor (Emeritus) of the First Amendment at the Kennedy School of Government, Harvard University.He is well known for his work on American constitutional law, especially free speech, and on legal reasoning, especially the nature and value of legal formalism. In 2013, Schauer was the third highest paid professor at UVA Law, earning $302,000 that year.
The University of Virginia is a public research university in Charlottesville, Virginia. It was founded in 1819 by Declaration of Independence author Thomas Jefferson. It is known for its historic foundations, student-run honor code, and secret societies. UVA is the flagship university of Virginia and home to Jefferson's Academical Village, a UNESCO World Heritage Site.
Frank Nicholas Stanton was an American broadcasting executive who served as the president of CBS between 1946 and 1971 and then as vice chairman until 1973. He also served as the chairman of the Rand Corporation from 1961 until 1967.
The First Amendment to the United States Constitution prevents the government from making laws which respect an establishment of religion, prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the right to peaceably assemble, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights.
In his 1982 book Free Speech: A Philosophical Enquiry, Schauer says that government attempts to restrict freedom of expression have resulted in a disproportionate number of government mistakes. He argued that when governments restrict expression, they are incentivized to censor criticism of themselves, which makes it harder for them to assess the cost and benefits of their subsequent actions.
Harvard Law School is one of the professional graduate schools of Harvard University located in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States and one of the most prestigious in the world. It is ranked first in the world by the QS World University Rankings and the ARWU Shanghai Ranking.
The Tuck School of Business is the graduate business school of Dartmouth College, an Ivy League research university in Hanover, New Hampshire. Founded in 1900 through a donation made by Dartmouth alumnus Edward Tuck, the Tuck School was the first institution in the world to offer a master's degree in business administration.
Dartmouth College is a private Ivy League research university in Hanover, New Hampshire, United States. Established in 1769 by Eleazar Wheelock, it is the ninth-oldest institution of higher education in the United States and one of the nine colonial colleges chartered before the American Revolution. Although founded as a school to educate Native Americans in Christian theology and the English way of life, Dartmouth primarily trained Congregationalist ministers throughout its early history. The university gradually secularized, and by the turn of the 20th century it had risen from relative obscurity into national prominence as one of the top centers of higher education.
Karl Nickerson Llewellyn was a prominent American jurisprudential scholar associated with the school of legal realism. The Journal of Legal Studies has identified Llewellyn as one of the twenty most cited American legal scholars of the 20th century.
The Harvard Law Review is a law review published by an independent student group at Harvard Law School. According to the Journal Citation Reports, the Harvard Law Review's 2015 impact factor of 4.979 placed the journal first out of 143 journals in the category "Law". It is published monthly from November through June, with the November issue dedicated to covering the previous year's term of the Supreme Court of the United States. The journal also publishes the online-only Harvard Law Review Forum, a rolling journal of scholarly responses to the main journal's content.
Walter Sinnott-Armstrong is an American philosopher. He specializes in ethics, epistemology, and more recently in neuroethics, the philosophy of law, and the philosophy of cognitive science. He is the Chauncey Stillman Professor of Practical Ethics in the Department of Philosophy and the Kenan Institute for Ethics at Duke University. He earned his Ph.D. from Yale University under the supervision of Robert Fogelin and Ruth Barcan Marcus, and taught for many years at Dartmouth College, before moving to Duke.
Randy Evan Barnett is an American lawyer and the Carmack Waterhouse Professor of Legal Theory at Georgetown University, where he teaches constitutional law, contracts, and legal theory. He writes about the libertarian theory of law, contract theory, constitutional law, and jurisprudence and has argued cases in front of the Supreme Court.
Legal formalism is both a descriptive theory and a normative theory of how judges should decide cases. In its descriptive sense, formalists believe that judges reach their decisions by applying uncontroversial principles to the facts. Although the large number of decided cases implies a large number of principles, formalists believe that there is an underlying logic to these principles that is straightforward and which legal experts can readily discover. The ultimate goal of formalism would be to formalise the underlying principles in a single and determinate system that could be applied mechanically. Formalism has been called 'the official theory of judging'. It is the thesis to which legal realism is the antithesis.
In the United States, freedom of speech and expression is strongly protected from government restrictions by the First Amendment to the United States Constitution, many state constitutions, and state and federal laws. The Supreme Court of the United States has recognized several categories of speech that are given lesser or no protection by the First Amendment and has recognized that governments may enact reasonable time, place, or manner restrictions on speech. The First Amendment's constitutional right of free speech, which is applicable to state and local governments under the incorporation doctrine, only prevents government restrictions on speech, not restrictions imposed by private individuals or businesses unless they are acting on behalf of the government. However, laws may restrict the ability of private businesses and individuals from restricting the speech of others, such as employment laws that restrict employers' ability to prevent employees from disclosing their salary with coworkers or attempting to organize a labor union.
First National Bank of Boston v. Bellotti, 435 U.S. 765 (1978), is a U.S. constitutional law case which defined the free speech right of corporations for the first time. The United States Supreme Court held that corporations have a First Amendment right to make contributions to ballot initiative campaigns. The ruling came in response to a Massachusetts law that prohibited corporate donations in ballot initiatives unless the corporation's interests were directly involved.
Reva B. Siegel is the Nicholas deB. Katzenbach Professor of Law at Yale Law School. Siegel's writing draws on legal history to explore questions of law and inequality, and to analyze how courts interact with representative government and popular movements in interpreting the Constitution. She is currently writing on the role of social movement conflict in guiding constitutional change, addressing this question in recent articles on reproductive rights, originalism and the Second Amendment, the "de facto ERA," and the enforcement of Brown. Her publications include Processes of Constitutional Decisionmaking ; The Constitution in 2020 ; and Directions in Sexual Harassment Law. Professor Siegel received her B.A., M.Phil, and J.D. from Yale University, clerked for Judge Spottswood Robinson on the D.C. Circuit, and began teaching at the University of California at Berkeley. She is a member of the American Academy of Arts and Sciences, and is active in the American Society for Legal History, the Association of American Law Schools, the American Constitution Society, in the national organization and as faculty advisor of Yale's chapter. She was elected to the American Philosophical Society in 2018.
Michael William McConnell is a constitutional law scholar who served as a United States Circuit Judge of the United States Court of Appeals for the Tenth Circuit from 2002 until 2009. Since 2009, McConnell has served as Director of the Stanford Constitutional Law Center at Stanford Law School. He is also a senior fellow at Stanford University's Hoover Institution, and of Counsel to the Litigation Practice Group at Kirkland & Ellis LLP.
Jack M. Balkin is an American legal scholar. He is the Knight Professor of Constitutional Law and the First Amendment at Yale Law School. Balkin is the founder and director of the Yale Information Society Project (ISP), a research center whose mission is "to study the implications of the Internet, telecommunications, and the new information technologies for law and society." He also directs the Knight Law and Media Program and the Abrams Institute for Free Expression at Yale Law School.
Bruce P. Frohnen is a Professor of Law at Ohio Northern University College of Law, where he teaches courses in Public and Constitutional Law, Jurisprudence, and Legal Profession.
Frank Isaac Michelman is an American legal scholar and the Robert Walmsley University Professor Emeritus at Harvard Law School.
In law, commercial speech is speech or writing on behalf of a business with the intent of earning revenue or a profit. It is economic in nature and usually attempts to persuade consumers to purchase the business's product or service. The Supreme Court of the United States defines commercial speech as speech that "proposes a commercial transaction".
Rosenberger v. Rector and Visitors of the University of Virginia, 515 U.S. 819 (1995), was an opinion by the Supreme Court of the United States regarding whether a state university might, consistent with the First Amendment, withhold from student religious publications funding provided to similar secular student publications. The University provided funding to every student organization that met funding-eligibility criteria, which Wide Awake, the student religious publication fulfilled. The University of Virginia defense claimed that denying student activity funding of the religious magazine was necessary to avoid the University's violating the Establishment Clause of the First Amendment.
Robert Marchant O'Neil was an American lawyer and educator. A specialist in constitutional law, he served as president of the University of Virginia (1985-1990) and created the Thomas Jefferson Center for the Protection of Free Expression, whose director he became (1990-2010). During these years, O'Neil remained associated with the University's Law School, where he taught courses in the First Amendment and the Arts, Speech and Press, Church and State, and Free Speech in Cyberspace.
John F. Manning is the Dean of Harvard Law School, an American legal academic and the Morgan and Helen Chu Professor of Law at Harvard Law School. He graduated from Harvard College in 1982 and from Harvard Law School in 1985. Following law school, he served as a law clerk to Judge Robert H. Bork at the United States Court of Appeals for the District of Columbia Circuit. He then served as law clerk to Justice Antonin Scalia for the Supreme Court's 1988 term.
William "Bill" N. Eskridge Jr., is the John A. Garver Professor of Jurisprudence at Yale Law School. He is one of the most cited law professors in America, ranking sixth overall for the period 2010-2014. He writes primarily on constitutional law, legislation and statutory interpretation, religion, marriage equality, and LGBT rights.
The Harvard Law & Policy Review is a law journal and the official journal of the American Constitution Society, a progressive legal organization. It was established in 2007. The journal publishes two printed editions per year, as well as additional content posted exclusively online. It is edited by Harvard Law School students. The journal publishes articles presenting progressive ideas for law and policy written by legal scholars, policymakers, practitioners, and students.
NAACP v. Button, 371 U.S. 415 (1963), is a 6-to-3 ruling by the Supreme Court of the United States which held that the reservation of jurisdiction by a federal district court did not bar the U.S. Supreme Court from reviewing a state court's ruling, and also overturned certain laws enacted by the state of Virginia in 1956 as part of the Stanley plan and massive resistance, as violating the First and Fourteenth Amendments to the United States Constitution. The statutes here stricken down by the Supreme Court had expanded the definitions of the traditional common law crimes of barratry, champerty, and maintenance and had been targeted at the NAACP and its civil rights litigation.
Rebecca Tushnet is the inaugural Frank Stanton Professor of First Amendment Law at Harvard Law School and an American copyright, trademark, First Amendment, and false advertising legal scholar. In addition to her general scholarship, Tushnet is known for her fanfiction-related scholarship and her legal advocacy work for the Organization for Transformative Works, a nonprofit fandom-related project that supports fanworks through preservation and advocacy.
Martin H. Redish is the Louis and Harriet Ancel Professor of Law and Public Policy at the Northwestern University Pritzker School of Law. Redish has written 19 books and over a hundred law review articles in the areas of civil procedure and constitutional law, among others. He is among the most frequently cited American legal scholars.
In United States constitutional law, the penumbra includes a group of rights derived, by implication, from other rights explicitly protected in the Bill of Rights. These rights have been identified through a process of "reasoning-by-interpolation", where specific principles are recognized from "general idea[s]" that are explicitly expressed in other constitutional provisions. Although researchers have traced the origin of the term to the nineteenth century, the term first gained significant popular attention in 1965, when Justice William O. Douglas's majority opinion in Griswold v. Connecticut identified a right to privacy in the penumbra of the constitution.
Lawrence A. Alexander is an American lawyer and law professor, focusing on constitutional law, criminal law, and jurisprudence, currently the Warren Distinguished Professor at the University of San Diego School of Law. He has also taught at the University of Pennsylvania Law School, the University of Texas School of Law, and the Hebrew University of Jerusalem.
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