First Amendment cases and federal power

RJLipkin at RJLipkin at
Wed Apr 13 11:02:39 PDT 2005

I agree, for the most part,  with Eugene's explanation of why the Court 
doesn't typically raise the  authorization question in First Amendment cases.  
However, the  question of whether it's appropriate to blame the Court for not 
raising  this question is more complicated. I always stress with my students the  
importance of raising this issue whenever assessing the constitutionality of  
federal law. My complaint is this:  Why won't the Court  decide cases in a way 
that would shore up my credibility with my students?  I need all the help I 
can get.
Robert Justin  Lipkin
Professor of Law
Widener University School of  Law
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