The once and future property-based vision of the First Amendment
US understanding of free expression rights under the First Amendment should return to the Madisonian and natural law approach to free speech as a property right vested in the individual. Recent jurisprudence has focused on the benefits of free speech as a component of democracy. In light of improving communications technology and an increasing awareness of information as a commodity, free speech should be treated under the law as property that belongs to the speaker. This perspective would ensure that competition regulates free speech and not the government.
Publication Name: University of Chicago Law Review
Affirmative action and the public interest
The US Supreme Court extended the strict scrutiny standard to federal affirmative action programs in Adarand Constructors, Inc. v. Pena, requiring that federal programs be established in response to specific historical discrimination and not in the interest of promoting diversity. The ruling is an extension of Croson, which applied strict scrutiny to state and local affirmative action programs. The Court noted that applying this standard is not the same as suggesting that all affirmative action programs should be struck down as violative of the Constitution.
Publication Name: Supreme Court Review
- Abstracts: The liability of raw material manufacturers: it's time to restate the Restatement
- Abstracts: History lean: the reconciliation of private property and representative government. Rights and 'Rights Talk.' (review essay on 'Rights Talk: The Impoverishment of Political Discourse)
- Abstracts: "The most fun they've ever had": lawyers in the world of pro sports. Olympic lawyers behind the scenes; let the games begin
- Abstracts: Cheap spirits, cigarettes, and free speech: the implications of 44 Liquormart. Religion and liberal democracy
- Abstracts: Impudence. Foreword: revolutions? The new First Amendment jurisprudence: a threat to liberty