Courts as Forums for Protest

Jules Lobel, Courts as Forums for Protest, 52 UCLA L. REV. 477 (2004)

This article focuses on courts as forums for protest. It argues that courts should not restrict debate on social issues that is sparked by lawsuits. It also suggests that judges should make rulings keeping in mind existing injustices in the society and rule in such a way that will encourage the government to address such injustices which might not be addressed otherwise. It puts forward the belief that winning or losing a case is not as important as influencing public debate on the issue in question. Various concepts are discussed in the book such as the model of the court as a forum for protest, the legitimacy of courts as forums for protests, articulation of norms and their enforcement and the role of lawyers in the courts as forums for protest.

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