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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