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Full-Text Articles in Law
Why We Need Reed: Unmasking Pretext In Anti-Panhandling Legislation, Joseph Mead
Why We Need Reed: Unmasking Pretext In Anti-Panhandling Legislation, Joseph Mead
Law Faculty Articles and Essays
Over the past decade, there has been a dramatic increase in the number of areas where asking for help is restricted or banned. Whether called begging, panhandling, or solicitation, cities were spurred on by concerns of business owners and residents to ban or highly restrict this type of speech from occurring in public areas. Yet laws such as these have been repeatedly struck down by courts in recent months, fueled in large part by the Supreme Court’s decision in Reed v. City of Gilbert.
In this essay I argue that, at least in the context of anti-panhandling legislation, Reed …
Neutral No More: Secondary Effects Analysis And The Quiet Demise Of The Content-Neutrality Test, Mark L. Rienzi
Neutral No More: Secondary Effects Analysis And The Quiet Demise Of The Content-Neutrality Test, Mark L. Rienzi
Scholarly Articles
When the Supreme Court introduced the “secondary effects” doctrine to allow for zoning of adult businesses, critics fell into two camps. Some, like Justice Brennan, predicted dire consequences for the First Amendment, particularly if the doctrine were used in political speech cases. Others, like Professor Laurence Tribe, predicted secondary effects analysis would be limited to sexually explicit speech, and would not threaten the First Amendment. The modern consensus is that the doctrine has, in fact, been limited to cases about sex.
Recent cases demonstrate, however, that the impact of the secondary effects doctrine on the First Amendment has been broader …