61 Tenn. L. Rev. 237 (1993-1994)
Thurgood Marshall and Individual Self-Realization in First Amendment Jurisprudence

handle is hein.journals/tenn61 and id is 247 raw text is: THURGOOD MARSHALL AND INDIVIDUAL SELF-
REALIZATION IN FIRST AMENDMENT
JURISPRUDENCE
N. DOUGLAS WELLS*
Table of Contents
I.  INTRODUCTION   ...................................              238
II. JUSTICE MARSHALL'S METHODOLOGY        .................         242
III. JUSTICE MARSHALL'S FIRST AMENDMENT OPINIONS
AND THE INDIVIDUAL SELF-REALIZATION THEORY ......... 251
A. Public Forum, Time, Place, and Manner
Restrictions ................................... 253
B. Freedom of Association Cases .....................           261
C. Free Speech and the Press    ......................          265
1. Justice Marshall's View on Libel
and  Public  Figures  .........................          266
2. Protection of Editorial Process ..................       268
3. Tax Schemes That Burden the Press .............. 270
D. Obscenity Cases ................................ 271
E. Commercial Speech Cases ........................             276
IV. JUSTICE MARSHALL AND CORPORATE
POLITICAL  SPEECH  ...............................              281
V.  CONCLUSION    ...................................               286
* Associate Professor of Law, Capital University Law and Graduate Center. A.B.
1974, Morehouse College; J.D. 1980, University of Tennessee. I am grateful to Professors
Susan M. Gilles, Daniel T. Kobil, and Timothy Lytton for their insight, help, and friendship
in reviewing prior drafts, as well as to Dean Rodney K. Smith for all the same reasons, and
especially to Professor John Nowak, a good mentor and friend, for his insight and
encouragement throughout the project. The author also wishes to acknowledge friends and
colleagues Norman Amaker, Linda Greene, Michael Middleton, and Leland Ware for their
encouragement and helpful comments on an earlier draft presented at the Second Annual
Meeting of the Midwestern People of Color Legal Scholarship Conference.
Additionally, I would like to acknowledge Jennifer Kracker and Glenn Littlejohn for
extraordinary research assistance in the final phases of this work.

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