"The Case of the Missing Amendments: R.A.V. v. City of St. Paul," 106 Harv. L. Rev. 124 (1992)
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
Amar, Akhil Reed, "The Case of the Missing Amendments: R.A.V. v. City of St. Paul" (1992). Faculty Scholarship Series. Paper 1039.