Thursday, September 22, 2005

Parent-Child Speech and Child Custody Speech Restrictions

Eugene_volokh In a new law review article, Prof. Eugene Volokh explores the Free Speech Clause implications of various child custody speech restrictions. He makes several points: 1) readers should consider the extent to which courts consider parental speech and issue orders restricting it under the best interest standard; 2) the First Amendment is implicated when courts issue orders restricting parental speech and when courts make custody and visitation decisions based on speech; 3) the Free Speech Clause may prove to be of more importance than the Religion Clause even when parental speech is religious in nature; 4) given the fact that intact families are not prohibited from speech that may be against a child's best interest, parents who are apart should have the same rights unless the speech undermines the child's relationship with the other parent; 5) the next generation is entitled to hear a broad range of views; and 6) protecting only speech that doesn't threaten psychological harm to children is appealing but may ultimately prove to be "unhelpful." Eugene Volokh, Parent-Child Speech and Child Custody Speech Restrictions, 80 N.Y.U.L. Rev.___(2006) (forthcoming). Link to Article (last visited 9-21-05 NVS)

http://lawprofessors.typepad.com/family_law/2005/09/parentchild_spe.html

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» Child Custody Speech Restrictions and the First A from Knight on Family Law
Can a court really tell a parent what to say and what not to say just because it controls the parent's custody arrangement? In a recent article, Professor Eugene Volokh argues that the First Amendment imposes some limits on the power. For a brief syn... [Read More]

Tracked on Sep 27, 2005 6:33:24 AM