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- Title
Evaluation in Constitutional Law: An Application to the First Amendment.
- Authors
Wiener, Richard L.; Small, Mark A.
- Abstract
This article argues that program evaluation data may be useful to the courts when they are deciding First Amendment constitutional law disputes. Specifically, we focus on how program evaluation data, quantitative and qualitative, may be dispositive in dealing with two types of First Amendment cases—pornography and commercial speech. The different evaluative approaches that are warranted with each type of case are compared and contrasted. The different possible legal routes that program evaluation data may take to influence the outcome of constitutional law disputes determines the empirical type of approach to be utilized. Where pornography cases lend themselves more to social science data being used in trials, cases of commercial speech are more likely to use data at the appellate level. Social scientists interested in conducting legally relevant research should structure their research accordingly.
- Subjects
CONSTITUTIONAL amendments; CIVIL rights; COMMERCIAL speech; SOCIAL science research; FREEDOM of speech; ADVERTISING laws
- Publication
Behavioral Sciences & the Law, 1994, Vol 12, Issue 2, p197
- ISSN
0735-3936
- Publication type
Article
- DOI
10.1002/bsl.2370120208