The Exceptional First Amendment

@article{Schauer2005TheEF,
  title={The Exceptional First Amendment},
  author={Frederick Schauer},
  journal={Public Choice \& Political Economy eJournal},
  year={2005}
}
  • F. Schauer
  • Published 1 February 2005
  • Law
  • Public Choice & Political Economy eJournal
As is increasingly apparent, the United States is a free speech and free press outlier. With respect to a large range of issues – defamation, hate speech, publication of information about ongoing legal proceedings, incitement to violence or illegal conduct, and many others – the United States stands alone, not only as compared to totalitarian states, but also in comparison with other open liberal constitutional democracies. The reasons for this divergence are common, but among the explanations… 
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