The chrysanthemum, the sword, and the first amendment: Disentangling culture, community, and freedom of expression

Wisconsin Law Review

Volumn 1998, Issue 4, 1998, Pages

  Krotoszynski Jr , Ronald J ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0346408763     PISSN: 0043650X     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (3)

1. United States v. Then, 56 F.3d 464, 469 (2d Cir. 1995) (Calabresi, J., concurring); see also Mary Ann Glendon, Rights in Twentieth-Century Constitutions, 59 U. CHI. L. REV. 519, 519-20 (1992) ("My goal is rather to advance the proposition that American thinking about rights and welfare would benefit from examining the experiences of other liberal democracies, and to speculate about the insights that might emerge from such a comparative analysis.") (footnote omitted); Mark Tushnet, Policy Distortion and Democratic Debilitation: Comparative Illumination of the Countermajoritarian Difficulty, 94 MICH. L. REV. 245, 249 & n.13 (1995) (noting the potential benefits and pitfalls associated with comparative constitutional inquiries). In addition, Justice Breyer recently endorsed the use of comparative constitutional analysis when faced with difficult questions of constitutional interpretation. See Printz v. United States, 117 S. Ct. 2365, 2404-05 (1997) (Breyer, J., dissenting).
2. United States v. Then, 56 F.3d 464, 469 (2d Cir. 1995) (Calabresi, J., concurring); see also Mary Ann Glendon, Rights in Twentieth-Century Constitutions, 59 U. CHI. L. REV. 519, 519-20 (1992) ("My goal is rather to advance the proposition that American thinking about rights and welfare would benefit from examining the experiences of other liberal democracies, and to speculate about the insights that might emerge from such a comparative analysis.") (footnote omitted); Mark Tushnet, Policy Distortion and Democratic Debilitation: Comparative Illumination of the Countermajoritarian Difficulty, 94 MICH. L. REV. 245, 249 & n.13 (1995) (noting the potential benefits and pitfalls associated with comparative constitutional inquiries). In addition, Justice Breyer recently endorsed the use of comparative constitutional analysis when faced with difficult questions of constitutional interpretation. See Printz v. United States, 117 S. Ct. 2365, 2404-05 (1997) (Breyer, J., dissenting).
3. See, e.g., DANMARKS RIGES GRUNDLOV [Constitution] art. 77 (Den.) ("Any person shall be entitled to publish his thoughts in printing, in writing, and in speech, provided that he may be held answerable in a court of justice."); CONSTITUTION DE LA