Stephanie Barclay on Categories of Harm

In this episode, Stephanie Barclay, Associate Professor of Law at the Brigham Young University J. Reuben Clark Law School, discusses her article, "First Amendment Categories of Harm," which will be published in the Indiana Law Journal. Barclay begins by explaining how and why theories of harm can affect the legitimacy of government action. She describes how courts have historically thought about categories of harm in relation to religious liberties and exemptions, and identifies several different theories of harm that legal scholars have recently proposed in that context. She explains why those theories may produce undesirable outcomes, and provides a taxonomy of harms that reflects how courts have weighed competing harms in context. And she reflects on how that taxonomy can help clarify the normative values at stake and encourage compromise. Barclay is on Twitter at @shbarclay.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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