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Article: Problems of punitive damages for political protest and civil disobedience. (Oregon)(Case Note)
- Article from:
- Environmental Law
- Article date:
- March 22, 1995
- Author:
CopyrightCOPYRIGHT 1995 Lewis & Clark Northwestern School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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"The rights protected by the First Amendment are of profound importance to our society. Free speech is a transcendent value in that other values and rights are subordinated. In effecting the primacy of the First Amendment [there is al preference for errors made in favor of free speech."(1)
I. Introduction II. Summary of the Case Ill. United States Constitution First Amendment Analysis IV. Oregon Constitutional Analysis V. The Problem of Punitive damages and Expressive Conduct
A. Punitive Damages and Juror Discretion
B. Problems with Punitive Damages for Civil Disobedience VI. A Solution to Punitive Damages and Civil Disobedience
I. Introduction