- Joined
- Mar 20, 2019
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- 438
Content Regulation and the First Amendment
Perhaps the most intriguing feature of contemporary first amendment doctrine is the increasingly invoked distinction between content-based and content-neutral restrictions on expression. Although the distinction has its roots in decisions of the 1930's and 1940's, and began gradually to emerge as a central premise of the Court's analysis in the 1950's and 1960's, it was not until the last decade that the distinction attained its present prominence. It is, indeed, the Burger Court's foremost contribution to first amendment analysis, and it is, today, the most pervasively employed doctrine in the jurisprudence of free expression.
Perhaps the most intriguing feature of contemporary first amendment doctrine is the increasingly invoked distinction between content-based and content-neutral restrictions on expression. Although the distinction has its roots in decisions of the 1930's and 1940's, and began gradually to emerge as a central premise of the Court's analysis in the 1950's and 1960's, it was not until the last decade that the distinction attained its present prominence. It is, indeed, the Burger Court's foremost contribution to first amendment analysis, and it is, today, the most pervasively employed doctrine in the jurisprudence of free expression.
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