Re-Reading the Riot Act

59 Pages Posted: 7 Sep 2021

See all articles by R. George Wright

R. George Wright

Indiana University Robert H. McKinney School of Law

Date Written: August 29, 2021

Abstract

This Article contends, contrary to the case law, that the federal Anti-Riot Act should be judged to be unconstitutional on its face, rather than merely as applied in particular circumstances. The focus herein is on the implications of the most appropriate free speech principles, including the continuing relevance of Brandenburg v. Ohio, and on the proper scope and limits of the congressional power to regulate interstate commerce. The tricky point, though, is that the argument below does not claim that there is any single, distinct respect in which the Anti-Riot Act is facially unconstitutional. Instead, the argument below is what is referred to as a "cumulative case" argument. Thus the argument brings together the joint, complementary, and mutually supplementing implications of several considerations, no single one of which, by itself, need establish the broad unconstitutionality of the Anti-Riot Act.

Keywords: Anti-Riot Act, free speech, Commerce Clause

JEL Classification: J13, J30

Suggested Citation

Wright, R. George, Re-Reading the Riot Act (August 29, 2021). Available at SSRN: https://ssrn.com/abstract=3913651 or http://dx.doi.org/10.2139/ssrn.3913651

R. George Wright (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States

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