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Free Speech Architecture: Universal Access to Speech Spaces (#7)
Cross posted from Marvin Ammori's post at Concurring Opinions. So far I have discussed four principles concerning speech spaces (and Brett has added one).…
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Congress Should Fix the Copyright Mess
The real story behind last week’s blow-up over legislation regulating piracy on the Internet has less to do with the fears of motion picture studios or the intr…
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Distinguishing Magarian’s “Ought” from Ammori’s “Ought”
Cross posted from Marvin Ammori's post at Concurring Opinions. Timothy Zick and Greg Magarian make some great points in their recent posts. For those unfam…
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Free Speech Architecture: Spaces for National & Local Speech (#6)
Cross posted from Marvin Ammori's post at Concurring Opinions. At our nation’s founding, the framers of the Constitution faced a formidable challenge: crea…
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Free Speech Architecture: Access for Diverse & Antagonistic Sources (#5)
Cross posted from Marvin Ammori's post at Concurring Opinions. In the previous posts, I argued that First Amendment precedent guarantees minimal access to…
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Free Speech Architecture – Legislated Spaces (#4)
Cross posted from Marvin Ammori's post at Concurring Opinions. The previous post in this series discussed the First Amendment’s requirement that individual…
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One more principle: Nondiscrimination
This is my second post over at Concurring Opinions for the symposium on Marvin Ammori’s Free Speech Architecture article. There is one principle that I would a…
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Free Speech Architecture – Baseline Spaces for Speech (#3)
Cross posted from Marvin Ammori's post at Concurring Opinions. In previous posts about a recent article, I argue that it’s both descriptively inaccurate an…
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First Amendment “Exceptions” and What the First Amendment Means (#2)
Cross posted from Marvin Ammori's post at Concurring Opinions. This is the second post laying out my argument in a recent article. I hope to post later on…
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Negative Liberty and What the First Amendment Ought to Be
Cross posted from Marvin Ammori's post at Concurring Opinions. Two days ago, I posted about a law review article I’m presenting next Friday at a symposium.…
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Thoughts on Ammori's Free Speech Architecture and the Golan decision
This post is cross-posted at Concurring Opinions, which is having a blog symposium on Marvin Ammori's excellent article on First Amendment Architecture. Nex…
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Three Cheers for Obscurity, an Unspoken Beneficiary of United States v. Jones
Last week, the Supreme Court issued its opinion in United States v. Jones, in which the Justices held that the government's installation of a GPS device on…