Outside the Bounds: A Unifying Theory of the First Amendment and Unprotected Speech

• In Event: The First Amendment: Freedom of Speech and Assembly

Brief Overview

We propose a general unifying theory of categorical exceptions to the First Amendment that would provide greater consistency to speech protection and ensure that unprotected categories of speech remain narrow in scope.

Authors

• Eric T. Kasper, University of Wisconsin-Eau Claire

• Nilesh Sinha, University of Wisconsin-Eau Claire