Summary
Symposium: Law and Morality
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The federalist approach to the First Amendment.
In this Essay, I propose that the First Amendment should be applied much more stringently against the federal government than it is against the States. Under this view, the federal government should be subject to severe restrictions under the First Amendment. For instance, it should be prevented from regulating speech on moral grounds. By contrast, states should have substantially more room for regulation to prevent what they regard as moral harms. They should be required to respect only the core of the First Amendment that protects political speech.
One could make legal arguments for this position by attacking the incorporatio...See the full content of this document
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