Document Type

Article

Comments

"The Case of the Missing Amendments: R.A.V. v. City of St. Paul," 106 Harv. L. Rev. 124 (1992)

Abstract

In R.A.V. v. City of St. Paul, the Justices claimed to disagree about a good many things, but they seemed to stand unanimous on at least two points. First, the 1989 flag burning case, Texas v. Johnson - itself an extraordinarily controversial decision - remains good law and indeed serves as an important font of First Amendment first principles. Second, the First Amendment furnishes a self-contained and sufficient framework for analyzing government regulation of racial hate speech such as cross burning.

Date of Authorship for this Version

1992

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