Cardozo Law Review de•novo
Volume
2013
First Page
1
Last Page
31
Publication Date
2013
Document Type
Note
Abstract
This Note argues that Bose does not support the symmetrical application of independent review of facts by appellate courts in First Amendment cases, regardless of whether the First Amendment claimant won or lost below. While symmetrical procedures and results may be desirable in most parts of the law, symmetry is not required where that symmetry will inhibit a greater constitutional interest. In the independent review context, symmetrical application of Bose results in the reversal of First Amendment wins that would otherwise be upheld under clear error review. This result is clearly antithetical to Bose’s purpose of enhancing First Amendment protections.
Keywords
Appellate Review, Courts, First Amendment, Freedom of the Press, Constitutional Law, Human Rights Law
Recommended Citation
Joshua Wurtzel,
Symmetry For Symmetry’s Sake: Why Bose Does Not Require Independent Review of a Trial Court’s First-Amendment-Favorable Findings of Fact,
2013
Cardozo L. Rev. De-Novo
1
(2013).
Available at:
https://larc.cardozo.yu.edu/de-novo/3
Included in
Constitutional Law Commons, Courts Commons, First Amendment Commons, Human Rights Law Commons