Recuperating First Amendment Doctrine

Neutral No More: Secondary Effects Analysis and the Quiet Demise of the Content-Neutrality Test

When the Supreme Court introduced the " secondary effects " doctrine to allow for zoning of adult businesses, critics fell into two camps. Some, like Justice William Brennan, predicted dire consequences for the First Amendment, particularly if the doctrine was used in political speech cases. Others, like Professor Laurence Tribe, predicted secondary effects analysis would be limited to sexually...

Reconciling Theory and Doctrine in First Amendment Jurisprudence

The First Amendment Doctrine of Underbreadth

RELIGIOUS MINORITIES AND THE FIRST AMENDMENT : THE HISTORY , THE DOCTRINE , AND THE FUTURE Stephen

Progressive or liberal constitutional scholars who focus on religious freedom have not been pleased with the Rehnquist Court.' For more than a decade, it seems, the Court has been handing down decisions that have twisted the Free Exercise and Establishment Clauses in an unduly conservative direction. Most notably, Employment Division v. Smith radically transformed free exercise doctrine, while ...

The Fourth Amendment Third-Party Doctrine

In the 1970s, the Supreme Court handed down Smith v. Maryland and United States v. Miller, two of the most important Fourth Amendment decisions of the 20 th century. In these cases, the Court held that people are not entitled to an expectation of privacy in information they voluntarily provide to third parties. This legal proposition, known as the third-party doctrine, permits the government ac...