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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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