The Changing Faces of First Amendment Neutrality: R.A.V. v St. Paul, Rust v Sullivan, and the Problem of Content-Based Underinclusion

@article{Kagan1992TheCF,
  title={The Changing Faces of First Amendment Neutrality: R.A.V. v St. Paul, Rust v Sullivan, and the Problem of Content-Based Underinclusion},
  author={E. Kagan},
  journal={The Supreme Court Review},
  year={1992},
  volume={1992},
  pages={29 - 77}
}
  • E. Kagan
  • Published 1992
  • Political Science
  • The Supreme Court Review
  • Consider two cases-the most debated, as well as the most important, First Amendment cases decided by the Supreme Court in the past two Terms: R.A. V. v St. Paul,' invalidating a so-called hate speech ordinance, and Rust v Sullivan,2 upholding the so-called abortion gag rule. On their face, the cases have little in common; certainly, the Justices deciding them saw no connection. Yet just underneath the surface, the cases have a similar structure, implicate an identical question, and fall within… CONTINUE READING
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