Uncoupling free speech

Article Abstract:

Free speech protection is coupled with toleration of speech-related harms, for which the costs are borne disproportionately by the victims. Many injuries that would otherwise be compensated under tort law, such as damages from defamation, are excluded under the First Amendment. Other social costs of free speech include increased sexual or racial violence and discrimination as a result of protected 'hate speech.' The costs of speech-related injuries could be distributed more equitably through governmentally subsidized insurance or by a victim compensation scheme.

Analysis, Libel and slander, Compensation (Law), Liability (Law), Legal liability

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Abortion counseling as vice activity: the free speech implications of Rust v. Sullivan and Planned Parenthood v. Casey

Article Abstract:

The US Supreme Court's decisions in Rust v. Sullivan and Planned Parenthood v. Casey change abortion counseling from a speech issue to a vice activity despite clear freedom of speech issues. Rust concerns putting a requirement of no abortion counseling on agencies receiving federal funds and Planned Parenthood concerns requiring doctors to provide state-produced information to abortion seekers. The rationale was based on commercial speech and is only applied to non-commercial speech for the divisive issues of abortion and gambling.

United States, Abortion counseling

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Broadcasting from enemy territory and the First Amendment: the importation of informational materials from Cuba under the Trading with the Enemy Act

Article Abstract:

Executive authority to restrict the flow of information from 'enemy territory' was upheld in Capital Cities/ABC Inc v Brady, which involved the right to broadcast the 1991 Pan American Games from Cuba. The conflict between the Trading with the Enemy Act, as restricted by the Berman Amendment, and the First Amendment was not resolved. A balancing test should require the executive to show a serious threat to national interest before restricting First Amendment rights of Americans broadcasting from countries considered hostile.

Executive power, Case Note, Trading with the enemy, International broadcasting

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