Law Commons^™

Curtailment Of Early Election Predictions: Can We Predict The Outcome?, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

This note analyzes the constitutional ramifications of legislative attempts to restrict early election predictions. First, specific congressional proposals and state legislative enactments will be examined. Secondly, the various standards of review the Supreme Court applies when government regulation threatens to infringe upon first amendment free speech will be examined. Lastly, this paper will examine the competing interests involved in early election predictions and will conclude that limitations on this process would be an unconstitutional impairment of the public's first amendment rights.