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Political Science Commons

Open Access. Powered by Scholars. Published by Universities.®

2014

Constitutional law

Applied Behavior Analysis

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Full-Text Articles in Political Science

Good Enough For Government Work: Two Cheers For Content Neutrality, Seth F. Kreimer Jul 2014

Good Enough For Government Work: Two Cheers For Content Neutrality, Seth F. Kreimer

Faculty Scholarship at Penn Law

When then-Professor Elena Kagan emerged on the public stage in the mid-1990s, she declared “the distinction between content-based and content-neutral regulations of speech serves as the keystone of First Amendment law.” In the last decade and a half, commentators and Supreme Court opinions regularly echoed that declaration. Yet the First Amendment does not mention “content neutrality.” It is an artifact of modern constitutional doctrine–a doctrine subject to a sustained barrage of judicial and academic criticism.

Most scholarly critiques of content neutrality focus on First Amendment theory and Supreme Court opinions. After surveying these critiques, along with the incomplete defenses ...