Abstract
There is a widespread sense in scholarly circles that First Amendment jurisprudence is riddled with conflict and confusion. Many observers lament that the United States Supreme Court's doctrinal framework for adjudicating free speech cases is deeply incoherent. The eminent First Amendment scholar Thomas Emerson wrote pessimistically in 1966: "No one concerned with freedom of expression in the United States today can fail to be alarmed by the unsatisfactory state of First Amendment doctrine.... [N]o really adequate or comprehensive theory of the First Amendment has been enunciated, much less agreed upon."
Recommended Citation
Ofseyer, Jeremy J.
(2002)
"Speech or Opinion? Two Objects of First Amendment Immunity,"
Utah Law Review: Vol. 2002:
No.
4, Article 7.
Available at:
https://dc.law.utah.edu/ulr/vol2002/iss4/7