Question
If you were a justice on the United States Supreme Court which of the seven theories would you use in analyzing First Amendment cases and
If you were a justice on the United States Supreme Court which of the seven theories would you use in analyzing First Amendment cases and why? Submit the assignment by posting your response here.
Context: The meaning of the First Amendment today is largely determined through interpretation by the Supreme Court of the United States. Jurists use legal theories to guide them in determining the meaning of the Constitutional guarantee that "Congress shall make no law abridging freedom of speech or of the press." Seven such theories are (1) absolutist theory, (2) ad hoc balancing theory, (3) preferred position balancing theory, (4) Meiklejohnian theory, (5) marketplace of ideas theory, (6) access theory and (7) self-realization theory.
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