Mark Kende kendem at selway.umt.edu
Tue Nov 9 10:10:08 PST 2004

I'm curious if anyone has thoughts about why the Feiner case remains 
in so many case books.  It seems that the dissent by Black is a more 
accurate statement of the current way courts would approach the 
heckler's veto issue.  So I'm always telling my students that the 
majority, though not overruled, is probably not the best statement of 
the law.  Of course, it's useful to sometimes show students that a 
dissent can eventually become the law in the long run. But I don't 
think that's why it remains so popular in the books.  Shouldn't that 
case in effect be a note case and not one of the main cases on the 
First Amendment? Thanks.  Mark 

Mark Kende
James Madison Chair in Constitutional Law
Drake Law School

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