KUKU

KU ScholarWorks

  • myKU
  • Email
  • Enroll & Pay
  • KU Directory
    • Login
    View Item 
    •   KU ScholarWorks
    • Dissertations and Theses
    • Dissertations
    • View Item
    •   KU ScholarWorks
    • Dissertations and Theses
    • Dissertations
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    THE RISE AND REACH OF 'THE DOCTRINE OF CATEGORICAL EXCLUSION': How the Supreme Court Should More Clearly Define Speech Placed in the 'First Amendment Free Zone' from Chaplinsky to Elonis

    Thumbnail
    View/Open
    Schmidt_ku_0099D_14379_DATA_1.pdf (2.319Mb)
    Issue Date
    2015-12-31
    Author
    Schmidt, Derek Larkin
    Publisher
    University of Kansas
    Format
    430 pages
    Type
    Dissertation
    Degree Level
    S.J.D.
    Discipline
    Law
    Rights
    Copyright held by the author.
    Metadata
    Show full item record
    Abstract
    Chapter 1 introduces the “Doctrine of Categorical Exclusion” which to date has been loosely but persistently articulated by the Supreme Court (without use of the phrase itself). At its core, the Doctrine is a set of rules to identify and analyze certain categories of expression that fall outside the “Freedom of Speech” protected by the First Amendment. Chapters 2 and 3 trace various disjointed roots of the unarticulated doctrine from the mists of history up until the Supreme Court’s first attempt to coalesce and synthesize disparate rulings into what had the appearance of a single doctrine, the landmark 1942 case Chaplinsky v. New Hampshire. Chapters 4 through 7 trace the development of the doctrine, while still unnamed, from Chaplinsky in 1942 to the verge of the Supreme Court’s next attempt, in 2010, at synthesizing the doctrine into a coherent and comprehensive articulation. That 68-year period witnessed the evolution of the excluded categories articulated in Chaplinsky, the rise and fall of an additional category, the enduring recognition of more categories, the rejection of others, and methods developed by the Supreme Court to control the categorical boundaries. Thus, Chapters 4 through 7 travel the jurisprudential path from Chaplinsky to the verge of United States v. Stevens. Chapters 8 and 9 consider the two modern, somewhat comprehensive attempts by the Supreme Court to synthesize the various rules and holdings into a single, coherent doctrine: United States v. Stevens (2010) and United States v. Alvarez (2012). Chapter 10 features a proposal for a simplified, coherent approach to the modern Doctrine of Categorical Exclusion——determining what speech falls in the “First Amendment Free Zone” that is outside the freedom of speech protected by the Constitution. The chapter explains how a simplified approach would promote Speech Clause values and bring greater order and predictability to this aspect of the First Amendment.
    URI
    http://hdl.handle.net/1808/26918
    Collections
    • Dissertations [4626]
    • Law School Dissertations and Theses [17]

    Items in KU ScholarWorks are protected by copyright, with all rights reserved, unless otherwise indicated.


    We want to hear from you! Please share your stories about how Open Access to this item benefits YOU.


    Contact KU ScholarWorks
    785-864-8983
    KU Libraries
    1425 Jayhawk Blvd
    Lawrence, KS 66045
    785-864-8983

    KU Libraries
    1425 Jayhawk Blvd
    Lawrence, KS 66045
    Image Credits
     

     

    Browse

    All of KU ScholarWorksCommunities & CollectionsThis Collection

    My Account

    Login

    Statistics

    View Usage Statistics

    Contact KU ScholarWorks
    785-864-8983
    KU Libraries
    1425 Jayhawk Blvd
    Lawrence, KS 66045
    785-864-8983

    KU Libraries
    1425 Jayhawk Blvd
    Lawrence, KS 66045
    Image Credits
     

     

    The University of Kansas
      Contact KU ScholarWorks
    Lawrence, KS | Maps
     
    • Academics
    • Admission
    • Alumni
    • Athletics
    • Campuses
    • Giving
    • Jobs

    The University of Kansas prohibits discrimination on the basis of race, color, ethnicity, religion, sex, national origin, age, ancestry, disability, status as a veteran, sexual orientation, marital status, parental status, gender identity, gender expression and genetic information in the University’s programs and activities. The following person has been designated to handle inquiries regarding the non-discrimination policies: Director of the Office of Institutional Opportunity and Access, IOA@ku.edu, 1246 W. Campus Road, Room 153A, Lawrence, KS, 66045, (785)864-6414, 711 TTY.

     Contact KU
    Lawrence, KS | Maps