Document Type
Working Paper
Publication Date
7-9-2012
SSRN Discipline
Legal Scholarship Network; Social Insurance Research Network; Law School Research Papers - Legal Studies; Law & Society eJournals; Law & Society: Public Law eJournals; LSN Subject Matter eJournals; Constitutional Law, Jurisprudence & Legal Philosophy eJournals; Humanities Network; Political Science Network
Abstract
Posits that First Amendment law has circumvented the reforms of legal realism by persisting in a mechanical jurisprudence that values formalistic rules at the expense of policy and context Analyzes a recent text that recommends higher levels of First Amendment protection when speech takes the form of dissernt Discusses how this dissentbased approach to the First Amendment has merit particularly in connection with hate speech Urges a number of practical solutions to the problems inherent in regulating this form of lowvalue speech
Recommended Citation
Richard Delgado,
Toward a Legal Realist View of the First Amendment,
(2012).
Available at:
https://scholarship.law.ua.edu/fac_working_papers/233