Wednesday, September 18, 2019
Larry Alexander, University of San Diego School of Law, is publishing Inciting, Requesting, Provoking, or Persuading Others to Commit Crimes: The Legacy of Schenck and Abrams in Free Speech Jurisprudence in the SMU Law Review. Here is the abstract.
In this article I compare the original clear and present danger cases, Schenck and Abrams, with the Supreme Court’s later amendment of the test in Brandenberg. I raise some problems with the latter case’s test and ask whether the Court has really made any progress.
Download the article from SSRN at the link.