Help Needed

[Mark Kende]

Freedom of Speech and True ThreatsI recall a case where Justice Scalia said that American constitutional law disputes normally should not be resolved by looking for help in foreign or comparative constitutional decisions.  I even have a vague recollection that Scalia relied on the Federalist Papers for this assertion.  I thought Justice Breyer disagreed with him.  Does anyone know what case this is or was it in fact a non-constitutional case? (or am I simply imagining things!)  Thanks for the help. Mark Kende, Univ. Montana 
  ----- Original Message ----- 
  From: Volokh, Eugene 
  To: CONLAWPROF at listserv.ucla.edu 
  Sent: Friday, March 30, 2001 6:57 PM
  Subject: Freedom of Speech and True Threats


          By the way, apropos the Nuremberg Files case, a student of mine -- Jennifer Rothman -- has just written a first-rate article on Freedom of Speech and True Threats.  She's currently circulating it to the various law reviews, and already has an offer on it.  I've put a copy of it up on my site, at http://www.law.ucla.edu/faculty/volokh/rothman.htm if you're at all interested in this subject, you should definitely check out this piece.

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