Monday, June 16, 2008
R. George Wright, Indiana University, Indianapolis School of Law, has published "An Emotion-Based Approach to Freedom of Speech." Here is the abstract.
Free speech law often protects emotional expression. However, we lack an understanding of the scope and limits of protection for emotional expression. This Essay seeks to make progress toward such an understanding because a better understanding and grasp of the nature of emotion itself is crucial to achieving this goal. If we can arrive at an improved understanding of emotions and how they can be expressed, we will be better able to explain when we do and do not constitutionally protect the expression of emotion.
Download the paper from SSRN here.