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Beyond Campaign Finance: The First Amendment Implications Of Nixon V. Shrink Missouri Goverment Pac, Christina E. Wells
Beyond Campaign Finance: The First Amendment Implications Of Nixon V. Shrink Missouri Goverment Pac, Christina E. Wells
Missouri Law Review
Part I of this Essay discusses legal background, focusing first on the Court's decision in Buckley and then on the Shrink litigation. Part II itemizes Shrink's flaws, ultimately concludng that those flaws cannot be attributed solely to Buckley. Finally, Part III examines the Court's standards of scrutiny in First Amendment cases and argues that Shrink results at least in part from flaws found in those standards.
Introduction: The Difficult First Amendment, Christina E. Wells
Introduction: The Difficult First Amendment, Christina E. Wells
Missouri Law Review
The First Amendment looks easy. After all, its proscriptions are expressed in fewer than forty-five words. It further embodies a concept elegant in its simplicity: "Everyone has the right to say what they believe and to believe what they want." Yet even a superficial glance at modern Supreme Court jurisprudence reveals that, from its inception, the First Amendment was never easy. DEspite the Amendment's express mandate that Congress "make no law," the Court has never inerpreted it as an absolute. Instead, the court has embarked upon a delicate and sometimes treacherous balancing act attemping to determine when free speech or …