All Articles tagged absolutism

• General
  August 18, 2022 EDT
  Qualified Absolutism, Categorical Balancing, and New Categories
  Steven H. Shiffrin

  This article provides a defense of categorical balancing. The methodology for determining new categories of unprotected speech and of determining when speech is presumed to be protected is in shambles.

• General
  January 01, 2013 EDT
  EXCEPTIONAL FREEDOM—THE ROBERTS COURT, THE FIRST AMENDMENT, AND THE NEW ABSOLUTISM
  Ronald K.L. Collins

  Foreword that outlines some preliminary ideas regarding that tenet of the Roberts Court‘s jurisprudence and what it may portend for the future of our free speech law.