The Speech Clause and the Limits of Neutrality

Abstract:     
The article examines the Supreme Court’s increasing reliance of the neutrality concept in First Amendment jurisprudence to the exclusion of other approaches. It then examines the problems that shift to neutrality doctrine creates. While neutrality doctrine handles some issues well, it accounts only for a narrow range of First Amendment purposes, provides relatively little protection for speech, and is based on incoherent distinctions.

Keywords: neutrality doctrine

Accepted Paper Series