Law Commons^™

Final Salute To Lost Soldiers: Preserving The Freedom Of Speech At Military Funerals, Andrea Cornwell

American University Law Review

This Comment argues that RAFHA, as currently written, cannot stand in light of First Amendment jurisprudence. Part I reviews the history and development of relevant free speech case law and restrictions on expression, including the recent trend in the states of passing legislation similar to RAFHA. Part II assesses the Act’s constitutionality against this background. First, Part II contends that the statute is a content-based restriction of free speech and is thus subject to strict scrutiny. Second, even if deemed content neutral, the Act could not survive the courts’ intermediate scrutiny. Finally, this Comment reasons that even if able to …