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Will Conservative Justices Sound The Death Knell Of State Action? Be Careful For What You Wish, Anne M. Lofaso
Will Conservative Justices Sound The Death Knell Of State Action? Be Careful For What You Wish, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
The Content-Discrimination Principle And The Impact Of Reed V. Town Of Gilbert, David L. Hudson Jr.
The Content-Discrimination Principle And The Impact Of Reed V. Town Of Gilbert, David L. Hudson Jr.
Law Faculty Scholarship
The content-discrimination principle remains the chief analytical tool used in First Amendment jurisprudence. Under this doctrine, laws are categorized as content-based or content-neutral. Content-based laws are subject to strict scrutiny and content-neutral ones are subject to intermediate scrutiny.
The U.S. Supreme Court ratcheted up the content-discrimination principle in Reed v. Town of Gilbert. Previously, lower courts were divided on whether a law was content-based if the underlying purpose was not to engage in censorship or content-discrimination. In Reed, however, the Court declared that the law’s purpose is not the central inquiry. It concluded that if a law draws facial distinctions …