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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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