Balancing away the freedom of speech
Article Abstract:
Justice Breyer's concurring opinion in the US Supreme Court 1997 case of Turner Broadcasting System v. FCC should not be used as authority in future cases. Justice Breyer adopts an expansive view of the 1st Amendment by endorsing congressional regulation of speech for the purpose of promoting public discussion and informed deliberation. That view has no precedential support, is dangerous to 1st Amendment freedoms, and does not reflect an understanding of technology's capacity for increasing political comment.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1997
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Government regulation of federal employee speech: United States v. National Treasury Employees Union
Article Abstract:
The US Supreme Court ruled in United States v. National Treasury Employees Union that courts deciding federal employees' free speech rights must balance governmental interests in regulating such speech with the employees' interests in receiving information on issues of public concern and speaking on such matters. This decision did not give clear standards for deciding the question and unnecessarily retreated from cases giving the government as employer greater authority to regulate employee speech.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1995
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Community aesthetics and speech regulation
Article Abstract:
The Supreme Court's decision in City of Ladue, though correct, complicates the issue of free speech regulation by relying on a vague new standard when the old content-based and public interest standards would have sufficed. The court ruled that the legality of banning speech could be determined by addressing the amount of free speech it potentially prevented, in combination with the public interest and content-based approach.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1995
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