Title

Assessing the Constitutionality of Laws that are Both Content Based and Content Neutral

Authors

Wilson R. Huhn, University of Akron School of LawFollow

Document Type

Article

Publication Date

January 2004

Abstract

Such a multi-faceted analysis cannot be conflated into two dimensions. Whatever the allure of absolute doctrines, it is just too simple to declare expression "protected" or "unprotected" or to proclaim a regulation "content-based" or "content-neutral." John Paul Stevens (1992)

American legal doctrine evolved from a formalistic categorical approach that dominated legal thinking during the nineteenth century to a realistic balancing approach that developed over the course of the twentieth century. A similar process is now occurring in the constitutional doctrine governing freedom of expression-a process that may culminate in the adoption of what United States Supreme Court Justice John Paul Stevens calls a "constitutional calculus."

Publication Title

Indiana Law Journal

First Page

801

Last Page

861

Recommended Citation

Wilson R. Huhn, Assessing the Constitutionality of Laws that are Both Content Based and Content Neutral, 79 Indiana Law Journal 801 (2004).