Robert C. Post
YOU?
Author Swipe
View article: The Internet, Democracy, and Misinformation
The Internet, Democracy, and Misinformation Open
View article: A conversation on academic freedom and freedom of expression at the university
A conversation on academic freedom and freedom of expression at the university Open
In this academic interview, Yale law professor Robert C. Post elucidates the distinction between freedom of expression and academic freedom, emphasizing that universities are communities guided by the twin missions of education and knowled…
View article: Managing Student Expression: A Constitutional Theory of Student Free Speech Rights
Managing Student Expression: A Constitutional Theory of Student Free Speech Rights Open
View article: The Internet, Democracy and Misinformation
The Internet, Democracy and Misinformation Open
View article: Public Accommodations and the First Amendment: 303 Creative and "Pure Speech"
Public Accommodations and the First Amendment: 303 Creative and "Pure Speech" Open
View article: Beyond Nutrient Deficiency—Opportunities to Improve Nutritional Status and Promote Health Modernizing DRIs and Supplementation Recommendations
Beyond Nutrient Deficiency—Opportunities to Improve Nutritional Status and Promote Health Modernizing DRIs and Supplementation Recommendations Open
The US Dietary Guidelines for Americans (DGA) provide dietary recommendations to meet nutrient needs, promote health, and prevent disease. Despite 40 years of DGA, the prevalence of under-consumed nutrients continues in the US and globally…
View article: Nifla and the Construction of Compelled Speech Doc
Nifla and the Construction of Compelled Speech Doc Open
First Amendment doctrine disfavoring compelled speech originated in 1943 in the classic case of West Virginia State Board of Education v. Barnette. There are good and convincing explanations for the Court’s decision in Barnette, but the Co…
View article: Writing the Dissent in Abrams
Writing the Dissent in Abrams Open
View article: Frontmatter
Frontmatter Open
View article: Prejudicial Appearances: The Logic of American Antidiscrimination Law
Prejudicial Appearances: The Logic of American Antidiscrimination Law Open
It is a high honor for me to deliver a Lecture established in the memory of Justice William J. Brennan, Jr.I clerked for the Justice, and I have ever since cherished him as a Master.I speak now not of his legendary personal qualities, of h…
View article: The First Amendment and the Right(s) of Publicity
The First Amendment and the Right(s) of Publicity Open
The right of publicity protects persons against unauthorized uses of their identity, most typically their names, images, or voices. The right is in obvious tension with freedom of speech. Yet courts seeking to reconcile the right with the …
View article: The Incomparable Chief Justiceship of William Howard Taft
The Incomparable Chief Justiceship of William Howard Taft Open
View article: Misinformation and Technology: Rights and Regulation Across Borders
Misinformation and Technology: Rights and Regulation Across Borders Open
View article: Marshall as a Judge
Marshall as a Judge Open
Marshall is a towering and inspirational figure in the history of American constitutional law. He changed American life forever and unquestionably for the better. But the contemporary significance of Marshall’s legacy is also, in ways that…
View article: Racist Speech, Democracy, and the First Amendment
Racist Speech, Democracy, and the First Amendment Open
The curse of racism continues to haunt the Nation. Everywhere we face its devastation, the bitter legacy of, in William Lloyd Garrison's prophetic words, our "covenant with death and ... agreement with Hell." This is the living consequence…
View article: Data Privacy and Dignitary Privacy: Google Spain, the Right To Be Forgotten, and the Construction of the Public Sphere
Data Privacy and Dignitary Privacy: Google Spain, the Right To Be Forgotten, and the Construction of the Public Sphere Open
The 2014 decision of the European Court of Justice in Google Spain controversially held that the fair information practices set forth in European Union (EU) Directive 95/46/EC (Directive) require that Google remove from search results link…
View article: A World Without Law; A World Without Politics
A World Without Law; A World Without Politics Open
Text-based, voluntary cloud-based communities can sustain the values of civil-society, but it is difficult to imagine how they can generate laws that are involuntary and that operate on the bodies of participants.
View article: Frontmatter
Frontmatter Open
View article: Contents
Contents Open
View article: Legitimacy and Hate Speech
Legitimacy and Hate Speech Open
It is a pleasure to participate in this symposium on democratic legitimacy and hate speech regulation. Although I have often contemplated the relationship between First Amendment doctrine and democratic legitimation, I have always done so …
View article: Leadership in Educational Institutions: Reflections of a Law School Dean
Leadership in Educational Institutions: Reflections of a Law School Dean Open
As Deborah Rhode observes in her superb book Lawyers as Leaders, there is a vast literature on leadership. It has become an object of microscopic study. It is as though leadership were an element that could be measured, its essence extract…
View article: The Classic First Amendment Tradition Under Stress: Freedom of Speech and the University
The Classic First Amendment Tradition Under Stress: Freedom of Speech and the University Open
View article: Data Privacy and Dignitary Privacy: Google Spain, the Right to Be Forgotten, and the Construction of the Public Sphere
Data Privacy and Dignitary Privacy: Google Spain, the Right to Be Forgotten, and the Construction of the Public Sphere Open
View article: Tensions entre "droit au débat public" et "droit au déréférencement" regard d'Outre-Atlantique
Tensions entre "droit au débat public" et "droit au déréférencement" regard d'Outre-Atlantique Open
Ce texte est un extrait issu de l'intervention du doyen Robert Post au Conseil d’État lors d’un séminaire organisé les 10 et 11 mars 2017 à Paris. Le doyen Post porte un regard outre-atlantique sur l'un des arrêts les plus emblématiques de…
View article: Remarks for Robert Burt
Remarks for Robert Burt Open
The following remarks by Dean Post were delivered at Professor Burt's funeral. The remaining Tributes are drawn from remarks delivered at a memorial service held at the Yale Law School on November 1, 2015.\nI am here today as Dean of the Y…
View article: RFRA and First Amendment Freedom of Expression
RFRA and First Amendment Freedom of Expression Open
I have very little expertise in the Religious Freedom Restoration Act (RFRA) or in the underlying constitutional law of freedom of religion that RFRA seeks to codify. I therefore venture into the debate surrounding Douglas NeJaime and Reva…
View article: ADAM SMITH'S FIRST AMENDMENT
ADAM SMITH'S FIRST AMENDMENT Open
Until recently, Washington, D.C., maintained what most would regard as a perfectly ordinary licensing scheme for tour guides. In 2014, the D.C. Circuit declared the scheme unconstitutional under the First Amendment in a remarkable case ent…
View article: Academic Freedom and Legal Scholarship
Academic Freedom and Legal Scholarship Open
It is a great pleasure to spend a few moments this lunch talking with you about the topic of academic freedom and legal scholarship, a topic that is hopefully of interest to everyone in this room. Academic freedom, after all, underwrites o…
View article: Compelled Commercial Speech
Compelled Commercial Speech Open
It is a pleasure to deliver the fourth annual C. Edwin Baker Lecture for Liberty, Equality, and Democracy at the West Virginia University College of Law. I counted Ed Baker as a good friend and a precious colleague. I sought out his views …