This article will explore the positions taken in a number of the most important areas of the law of freedom of speech by each of the Justices presently on the Court, and will attempt to suggest the extent to which protection of speech has been, or likely will be, diminished in the post-Brennan era. Obviously, not every aspect of the law of freedom of speech could be, or is, covered in this article. To that extent, any picture that emerges from the ensuing discussion may not be fully representative; the selected topics are, however, by their nature, highly indicative of the depth of a Justice's commitment to the protection of speech. Because the assessment herein of the Justices is essentially comparative in nature, this article does not evaluate each of their rulings and doctrinal positions in terms of their ultimate persuasiveness or desirability. Finally, this article assumes a fair amount of knowledge of First Amendment law on the part of the reader; space limitations simply do not permit elaborate explanation of every underlying concept in an article of this scope.
Freedom of Speech After Justice Brennan, 23 Golden Gate U. L. Rev.