Randall P. Bezanson (University of Iowa College of Law) has posted Too Much Free Speech? (University of Illinois Press, October 2012) on SSRN. Here is the abstract:
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In Too Much Free Speech?
Randall Bezanson takes up an inquiry into the Constitutional limits of the Supreme Court's power to create, interpret, and enforce one of the essential rights of American citizens. Examining a body of recent First Amendment cases, including the Citizens United case, the Doe voting referendum case, the Summum government speech case, and the Hurley and Dale cases, Bezanson argues that judicial interpretations have fundamentally and drastically expanded the meaning of speech under the First Amendment. He critically assesses the Supreme Court's methodology and concludes that the Court's conduct does not befit the Court's constitutional responsibilities as it engages in interpretation of the First Amendment's meaning.
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