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62 Minn. L. Rev. 1 (1977-1978)
Subjectivity, Expression, and Privacy: Problems of Aesthetic Regulation

handle is hein.journals/mnlr62 and id is 15 raw text is: Subjectivity, Expression, and Privacy: Problems of Aesthetic Regulation Stephen F. Williams* TABLE OF CONTENTS I. INTRODUCTION ............................ 1 II. THE SUBJECTIVITY OF AESTHETIC JUDGMENTS ............................ 6 A. ABSENCE OF WIDESPREAD AGREEMENT . ....... 6 B. NONVERIFIABILITY ..................... 7 1. Empirical Verification ......... .... 9 2. Verification by Reason ................ 12 3. Verification by Rhetoric or Argument . 14 C. OBSTACLES TO THE EXPRESSION OF AESTHETIC JUDGMENTS: THE PROBLEM OF POLYCENTRICITY 16 III. THE FIRST AMENDMENT AND URBAN DESIGN 21 A. DESIGN AS EXPRESSION ...................... .21 B. AN OUTLINE OF FIRST AMENDMENT PROTECTION IN THE URBAN DESIGN CONTEXT ............. 24 C. APPLICATION OF THE OUTLINE ................. 29 1. Ad Hoc Architectural Review: The Reid Con- text ............ ................. 29 2. Historic Preservation ........ . .. 34 3. Stylistic Elements Not Based on History 37 4. Signs ............................. .... 40 a. Equal Access ............. ... 41 b. Minimum Access .................... 44 5. Miscellany: Clotheslines, Recreational Vehic- les, and Fences ...................... 48 IV. PRIVACY AND AUTONOMY ................ 50 V. BEAUTIFUL AS WELL AS HEALTHY? 57 I. INTRODUCTION In certain Buddhist sects, it is said that individuals can attain salvation by constant reiteration of the name Amitabha, a great monk who became the Buddha of Unlimited Light. Nothing more. * Professor of Law, University of Colorado. I would like to express my thanks to Jesse-Dukeminier, Arthur H. Travers, and James n. White for their stimulating com- ments on earlier drafts of this Article.

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