What Authorizes Congress' Power to Regulate Speech?
RJLipkin at aol.com
RJLipkin at aol.com
Mon Apr 11 05:48:02 PDT 2005
If Congress' power is constitutionally limited to its enumerated powers,
even if these powers are construed liberally, where does Congress' power to
regulate speech derive? Judicial opinions often address the constitutionality of
a congressional act regulating speech by going directly to the First
Amendment issue without ever identifying the constitutional provision authorizing
such regulation. Why is this? I welcome an explanation. Thanks.
Bobby
Robert Justin Lipkin
Professor of Law
Widener University School of Law
Delaware
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