Duquesne Law Review


The Clash of Outrage and the First Amendment: The Protection of Non- Mainstream Opinion explores the conflict between the first amendment protection afforded outrageous opinion and the potentially tortious results certain to frequently flow from such. The Article traces the origins and applications of a constitutional principle which the author has dubbed the "opinion doctrine" from its early use in defamation cases to the landmark 1988 Supreme Court decision of Falwell v. Flynt, emphasizing the doctrine's impact on adjudication of that particular case. Additionally, the analytical framework derived from the major cases in this area is used to hypothesize about future applications and extensions of the doctrine in other scenarios which courts will be likely to address in the future.

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