The First Amendment's Forgotten Clauses
Aaron H. Caplan
Loyola Law School Los Angeles
April 11, 2013
63 Journal of Legal Education 532 (2014)
Loyola-LA Legal Studies Paper No. 2013-20
Two books published in 2012 – Liberty’s Refuge: The Forgotten Freedom of Assembly by John D. Inazu and Reclaiming The Petition Clause by Ronald J. Krotoszynski, Jr. – are devoted to explaining the final clauses of the First Amendment. They share a central complaint: namely, that current doctrine fails to give much independent force to either clause, instead channeling all inquiries into a speech clause that does not effectuate the distinct goals of the assembly and petition clauses. Yet the two books have curiously little to say to each other. The cases the authors cite and the slices of legal and social history they explore have almost no overlap.
This joint review (forthcoming in the Journal of Legal Education) describes the two books, identifying some of the more intriguing puzzles identified by each. It closes with some ideas about what it means for two nearly simultaneous books about “forgotten” clauses of the First Amendment to pass silently like ships in the night.
Number of Pages in PDF File: 23Accepted Paper Series
Date posted: April 11, 2013 ; Last revised: February 8, 2014
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