Tag Archive for University of Chicago

Elena Kagan Paper “Private Speech, Public Purpose: The Role of Governmental Motive in First Amendment Doctrine”

In one of the most frequently quoted passages of one of the most frequently cited First Amendment decisions, the Supreme Court declared that “the purpose of Congress … is not a basis for declaring [ ] legislation unconstitutional.” Noting several hazards of attempting to ascertain legislative motive, the Court in United States v O’Brien eschewed this endeavor in First Amendment cases, as well as in other constitutional adjudication.