The First Amendment and Political Risk

The First Amendment and Political Risk

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The First Amendment and Political Risk

dc.contributor.author	Tushnet, Mark V.
dc.date.accessioned	2012-10-02T18:56:25Z
dc.date.issued	2012
dc.identifier.citation	Mark Tushnet, The First Amendment and Political Risk, 4 J. Legal Analysis 103 (2012).	en_US
dc.identifier.issn	1946-5319 2161-7201	en_US
dc.identifier.uri	http://nrs.harvard.edu/urn-3:HUL.InstRepos:9667254
dc.description.abstract	First Amendment doctrine is at its core about the correct response to the fact that speech can increase the risk of social harm. First Amendment risk varies along several dimensions, including distribution of risk, its magnitude, and the magnitude of social benefit. After describing several cases in which the Supreme Court’s assessment risk or harm seems mistaken, I describe the tendency over time for courts to replace doctrine articulated as standards with doctrine articulated as rules with exceptions. I explain why that tendency occurs and can be normatively justified, but that it can produce pathologies when the courts resist, for a variety of reasons, the proliferation of exceptions to the rules.	en_US
dc.language.iso	en_US	en_US
dc.publisher	Oxford University Press	en_US
dc.relation.isversionof	http://jla.oxfordjournals.org/content/4/1/103.abstract	en_US
dc.relation.hasversion	http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2031258	en_US
dash.license	OAP
dc.title	The First Amendment and Political Risk	en_US
dc.type	Journal Article	en_US
dc.relation.journal	Journal of Legal Analysis	en_US
dash.depositing.author	Tushnet, Mark V.
dc.date.available	2012-10-02T18:56:25Z