文章基本信息

标题：A Property Rights View: Commentary on “Property and Speech” by Robert A. Sedler
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作者：Saxer, Shelley Ross
期刊名称：Washington University Journal of Law & Policy
印刷版ISSN：1533-4686
电子版ISSN：1943-0000
出版年度：2006
卷号：21
期号：1
页码：155-172
出版社：Washington University School of Law
摘要：I begin by exploring whether the First Amendment, as a sword, obscures the difference between state and private action by constitutionally preventing private property owners from interfering with an individual’s free expression rights. Thus, private property owners, who are not otherwise held to constitutional standards, cannot block activities of others that invade their property interests because these activities are protected by the First Amendment. This Commentary will address an additional category, not mentioned by Professor Sedler in his Essay—the government’s use of eminent domain, which can be used as a “sword” against land uses protected by the First Amendment.
关键词：First Amendment protections (United States Constitution); Eminent domain (Law); Freedom of speech; Property rights; United States Constitution; United States