All Articles tagged content-based regulation

• General
  January 01, 2013 EDT
  CATEGORIES, TIERS OF REVIEW, AND THE ROILING SEA OF FREE SPEECH DOCTRINEAND PRINCIPLE: A METHODOLOGICAL CRITIQUE OF UNITED STATES V. ALVAREZ
  Rodney A. Smolla

  In United States v. Alvarez, the Supreme Court struck down the Stolen Valor Act. The failure of five Justices to agree on a rationale is the focus of this article.

• General
  January 01, 2013 EDT
  ENCOURAGING CONGRESS TO ENCOURAGE SPEECH: REFLECTIONS ON UNITED STATES V. ALVAREZ
  Jeffery C. Barnum

  This article attempts to shed some light on the path forward for the legislative branch, bifurcating (as does the Alvarez decision) to address the harms posed by false claims of...