Justice Kennedy and the First Amendment
Houston Law Review Off the Record, Vol. 9, pg. 49 (2019)
9 HLRe 49 (2019)
12 Pages Posted: 28 Nov 2018
Date Written: November 13, 2018
This essay reviews some of Justice Anthony Kennedy’s most significant contributions to First Amendment jurisprudence. These include his calls for absolute protection for pure political speech, his strong protection for commercial speech, his distaste for campaign finance reform laws that censored speech, his general concern for the silencing of sexual expression, his coercion test in Establishment Clause cases, and his significant failure in the public-employee free-speech decision Garcetti v. Ceballos.
Keywords: Justice Anthony Kennedy, United States Supreme Court, United States Constitutional Law, First Amendment jurisprudence
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