Among other cherished values, the First Amendment protects freedom of speech. Supreme Court often has struggled to determine what exactly constitutes protected speech. The following are examples of speech, both direct words and symbolic actionsthat the Court has decided are either entitled to First Amendment protections, or not.
Originally published as 99 Yale L. For educational use only. The printed edition remains canonical. For citational use please obtain a back issue from William S. As most readers can no doubt recall, Manhattan dominates the map; everything west of the Hudson is more or less collapsed together and minimally displayed to the viewer.
What is true of maps of places--that they differ according to the perspectives of the mapmakers--is certainly true of all conceptual maps.
To continue the map analogy, consider in this context the Bill of Rights: Is there even a canonical text of the Bill of Rights? Does it include the first eight, nine, p. One is a stereo- typical member of the American Civil Liberties Union of which I am a card-carrying member ; the other is an equally stereo- typical member of the "New Right.
The other principal avenues would be the criminal procedure aspects of the Constitution drawn from the Fourth,  Fifth,  Sixth,  and Eighth  Amendments. Also depicted prominently would be the Ninth Amendment,  although perhaps as in the process of construction.
It is this last anomaly that I want to explore in this essay. The Politics of Interpreting the Second Amendment To put it mildly, the Second Amendment is not at the forefront of constitutional discussion, at least as registered in what the academy regards as the venues for such discussion--law reviews,  casebooks,  and other p.
As Professor LaRue has recently written, "the second amendment is not taken seriously by most scholars. Neither, however, pays it the compliment of extended analysis.
Both marginalize the Amendment by relegating it to footnotes; it becomes what a deconstructionist might call a "supplement" to the ostensibly "real" Constitution that is privileged by discussion in the text.
News. Lexis Advance has been named the “Best Legal Solution” by the SIIA CODiE Awards. These premier awards for the software and information industries called out Lexis Advance® vast content, data analytics and visualization tools as cutting-edge and best in the legal industry. §1. Let’s start with what this essay will do, and what it will not. We are both convinced of, and this essay will take more or less for granted, that the political traditions of libertarianism and feminism are both in the main correct, insightful, and of the first importance in any struggle to build a just, free, and compassionate society. Among other cherished values, the First Amendment protects freedom of speech. Learn about what this means.
He asserts that the history of the Amendment "indicate[s] that the central concern of [its] framers was to prevent such federal interferences with the state militia as would permit the establishment of a standing national army and the consequent destruction of local autonomy.
One will find extraordinarily little discussion about another one of the initial Bill of Rights, the Third Amendment: The Third Amendment, to take the easiest case, is ignored because it is in fact of no current importance whatsoever although it did, for obvious reasons, have importance at the time of the founding.
It has never, for a single instant, been viewed by any body of modern lawyers or groups of laity as highly relevant to their legal or political concerns. For this reason, there is almost no caselaw on the Amendment.
The Second Amendment, though, is radically different from these other pieces of constitutional text just mentioned, which all share the attribute of being basically irrelevant to any ongoing political struggles. To grasp the difference, one might simply begin by noting that it is not at all unusual for the Second Amendment to show up in letters to the editors of newspapers and magazines.
The National Rifle Association, to name the most obvious example, cares deeply about the Amendment, and an apparently serious Senator of the United States averred that the right to keep and bear arms is the "right most valued by free men.
This reality of the political process reflects the fact that millions of Americans, even if or perhaps especially if they are not academics, can quote the Amendment and would disdain any presentation of the Bill of Rights that did not give it a place of pride.
I cannot help but suspect that the best explanation for the absence of the Second Amendment from the legal consciousness of the elite bar, including that component found in the legal academy,  is derived from a mixture of sheer opposition to the idea of private ownership of guns and the perhaps subconscious fear that altogether plausible, perhaps even "winning," interpretations of the Second Amendment would present real hurdles to those of us supporting prohibitory regulation.
Thus the title of this essay--The Embarrassing Second Amendment--for I want to suggest that the Amendment may be profoundly embarrassing to many who both support such regulation and view themselves as committed to zealous adherence to the Bill of Rights such as most members of the ACLU.
Indeed, one sometimes discovers members of the NRA who are equally committed members of the ACLU, differing with the latter only on the issue of the Second Amendment but otherwise genuinely sharing the libertarian viewpoint of the ACLU.The Embarrassing Second Amendment Sanford Levinson University of Texas at Austin School of Law Reprinted from the Yale Law Journal, Volume 99, pp.
One of the best known pieces of American popular art in this century is the New Yorker cover by Saul Steinberg presenting a map of the United States as seen by a New Yorker, As most readers can no doubt recall, Manhattan dominates .
My first reaction when French President Emmanuel Macron said this week that the European Union needed its own army to defend against potential adversaries — including the United States — was.
Veterinary incompetence, negligence, and abuse are alive and well in the United States and all over the world. Every day, untold numbers of defenseless animals are left in the hands of some negligent, incompetent doctors who inflict cruelty, injury, and death on our pets -- and get away with it.
Amid a bad news week for the Trump team, a new lawsuit highlight an under-explored theory of possible criminal liability: violation of the Computer Fraud and Abuse Act. Introduction In my essay on academic freedom in the USA, I argued that the legal concept of academic freedom in the USA was mostly an illusion.
The previous essay in this series, on freedom of speech of government employees, discussed U.S. Supreme Court opinions on the right of government employees to criticize their employer, under the First Amendment to the U.S.
Constitution, then examined. Amendment I Freedom of Religion, Speech, Press, Assembly, and Petition Passed by Congress September 25, Ratified December 15, The first 10 amendments form the Bill of Rights.