Reinvigorating autonomy: freedom and responsibility in the Supreme Court's First Amendment jurisprudence

Article Abstract:

Scholarly understanding of the concept of autonomy used by the US Supreme Court in its First Amendment jurisprudence should be refocused on a Kantian interpretation of autonomy. Immanuel Kant's understanding of autonomy reconciled both individual and community rights by pairing individual freedom with the obligation to respect the autonomy rights of others. Many scholars have interpreted the Court's autonomy arguments as advocating a free speech right unfettered by community concerns, but analysis of recent decisions indicates that the Court has used the Kantian approach.

Beliefs, opinions and attitudes, Kant, Immanuel, Autonomy, Autonomy (Political science)

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Universities, racist speech and democracy in America: an essay for the ACLU

Article Abstract:

The Collegiate Speech Protection Act of 1991, known as the Hyde bill, was introduced in the US Congress in response to speech codes, which were adopted by several universities attempting to ban racist hate speech. The bill would amend Title VI of the 1964 Civil Rights Act, requiring private associations, such as universities, to meet federal First Amendment free speech standards or become ineligible for government funds. This would void the speech codes and involve Congress in the private affairs of universities. Arguments for and against the bill are presented.

Universities and colleges, Social policy, Racism, Hate speech

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Speech and the self-realization value

Article Abstract:

The examination of First Amendment free speech issues should include a self-realization value of speech focusing on the speaker along with the traditional focus on an expression's audience. A focus on speakers' process orientation should realize the importance of identity-formation through speech. Free speech jurisprudence should seek to understand that people develop their identity through expression and should promote expression allowing people to attain a balance of pride and humility.

Political aspects, Self realization, Self-actualization (Psychology)

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