@article{ART002285503},
author={Lee Young Woo},
title={A Study on the Less Restrictive Alternative Test - Focusing on the U.S. Supreme Court Decision -},
journal={Public Land Law Review},
issn={1226-251X},
year={2017},
volume={80},
pages={353-377}
TY - JOUR
AU - Lee Young Woo
TI - A Study on the Less Restrictive Alternative Test - Focusing on the U.S. Supreme Court Decision -
JO - Public Land Law Review
PY - 2017
VL - 80
IS - null
PB - Korean Public Land Law Association
SP - 353
EP - 377
SN - 1226-251X
AB - Freedom of expression should be guaranteed as the foundation of the democratic society. So in the U.S., theories are being discussed that give superior status relative to other rights of freedom to freedom of speech.
The guarantee of such superiority in representation is made up of prohibition of inspection. Also, it is made by placing stricter restrictions on the constitutionality of the constitutional judgment required to judge whether or not the regulation of freedom of expression is constitutional.
It is the principle that, in terms of freedom of expression, the less restrictive alternative should be adopted considering the freedom of expression has superior status than other freedom rights.
This criterion is not a mechanical solution for complex problem that occur realistically, but it has the flexibility to apply differently depending on the nature of specifics of the matter or difference in the nature of a right.
In relation to this LRA standard, in Korea, It is considered very important in terms of the criterion of determining legislative constitutionality of the constitutional restrictions on freedom of speech or limitations of rights limit.
KW - Less Restrictive Alternative Test;substantive due process;compelling interest;double standard;preferred position
DO -
UR -
ER -
Lee Young Woo. (2017). A Study on the Less Restrictive Alternative Test - Focusing on the U.S. Supreme Court Decision -. Public Land Law Review, 80, 353-377.
Lee Young Woo. 2017, "A Study on the Less Restrictive Alternative Test - Focusing on the U.S. Supreme Court Decision -", Public Land Law Review, vol.80, pp.353-377.
Lee Young Woo "A Study on the Less Restrictive Alternative Test - Focusing on the U.S. Supreme Court Decision -" Public Land Law Review 80 pp.353-377 (2017) : 353.
Lee Young Woo. A Study on the Less Restrictive Alternative Test - Focusing on the U.S. Supreme Court Decision -. 2017; 80 353-377.
Lee Young Woo. "A Study on the Less Restrictive Alternative Test - Focusing on the U.S. Supreme Court Decision -" Public Land Law Review 80(2017) : 353-377.
Lee Young Woo. A Study on the Less Restrictive Alternative Test - Focusing on the U.S. Supreme Court Decision -. Public Land Law Review, 80, 353-377.
Lee Young Woo. A Study on the Less Restrictive Alternative Test - Focusing on the U.S. Supreme Court Decision -. Public Land Law Review. 2017; 80 353-377.
Lee Young Woo. A Study on the Less Restrictive Alternative Test - Focusing on the U.S. Supreme Court Decision -. 2017; 80 353-377.
Lee Young Woo. "A Study on the Less Restrictive Alternative Test - Focusing on the U.S. Supreme Court Decision -" Public Land Law Review 80(2017) : 353-377.
