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The Speech Clause and the Limits of Neutrality

Posted: 13 Mar 2010  

Stephen E. Gottlieb

Albany Law School

Date Written: 1986


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

Suggested Citation

Gottlieb, Stephen E., The Speech Clause and the Limits of Neutrality (1986). Albany Law Review, Vol. 51, No. 129, 1986. Available at SSRN:

Stephen E. Gottlieb (Contact Author)

Albany Law School ( email )

80 New Scotland Avenue
Albany, NY 12208
United States
518-445-2348 (Phone)

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