Bellecourt v. City of Cleveland, 2003 WL 21101089 (Ohio App.), holds
that burning someone in effigy at a public rally was protected speech,
notwithstanding a generally applicable arson statute, when it seemed clear
that the burning posed no danger ([T]he demonstration took place in a paved
I certainly agree with Sandy's descriptive claim that the Court is
capable of deciding that Article II doesn't control here. But that's a
separate question from the normative claim of whether the Court should so
decide. That the Court may have decided the sovereign immunity cases in a
Sandy Levinson writes:
Isn't it spectacularly likely, incidentally, that no one
drafting the Constitution give a nano-second of thought to
the possibility of recess appointments to the federal
judiciary? Is this relevant (assuming it is true)?
Why would this be that likely? The
Two questions:
(1) Say a city bans all billboards with offensive signs, if the
billboards are visible from a private residence; and also bans all tenants,
in privately owned housing (including private university housing) as well as
publicly owned housing, from displaying
I'm certainly not going to mourn the demise of sodomy laws, which
I've long thought were quite outrageous. But I'm wondering about the
boundaries of the majority's logic, and in particular how it relates to the
right to assisted suicide rejected in Glucksberg. Wouldn't a right to
decide
So here's the question: Given that Justices are *supposed to* be
swayed by good arguments in briefs, and by collegial interactions with their
colleagues, and given that lots of people change their views in 12 years,
how can examination of his opinion today give us an even remotely
Justice Stewart said general right to privacy precisely to
distinguish the right from a more limited constitutional privacy right:
The Court says it is the right of privacy 'created by several
fundamental constitutional guarantees.' With all deference, I can find no
such general
I appreciate Bryan's arguments in favor of gender neutrality here,
but does he have any thoughts on the prosecution problem? If a state law
prohibits, say, all sex with under-16-year-olds (with no Romeo/Juliet
provision), how can this ever be enforced when two 15-year-olds are having
sex?
, with a horrible subtext
involving arguments that pedophilia and/or sexual abuse of
the young is not harmful, etc. Best Lynne
- Original Message -
From: Volokh, Eugene [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Sent: Tuesday, July 15, 2003 2:23 PM
Subject: Statutory rape laws
I
Question: Now that the Court has held that the Constitution secures
a right to have sex with consenting adults, is it still constitutionally
permissible for states to make statutory rape a strict liability offense as
to age?
After all, even child pornography prosecutions require
Title: Message
-Original Message-From: Amy M. Miller
[mailto:[EMAIL PROTECTED] Sent: Tuesday, July 29, 2003 3:07
PMTo: [EMAIL PROTECTED]Subject: could you publish this
on con law list serv?
CALL FOR PAPERS
The Northern Illinois University College of Law
Title: Message
-Original Message-From: Sara C. Benesh
[mailto:[EMAIL PROTECTED] Sent: Thursday, July 31, 2003 12:02
PMTo: [EMAIL PROTECTED]
. . .
The University of WisconsinMilwaukee
Assistant Professor: Public Law/Judicial
Politics
The Department
My apologies for troubling all of you about this, but I'm looking
for examples of an argument that runs more or less like this:
Even speech that advocates crime can serve the search for truth /
marketplace of ideas / democratic self-government. Such speech often
carries with it
A reader reports that the attachment to the post below contained a
virus. I haven't checked this myself, but it's worth erring on the safe
side: Please make sure you do not open that attachment. (Naturally, the
quoted text below does not include the virus -- only the original message
If you haven't done so already, PLEASE bookmark the page
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