The Disappearing First Amendment

The Disappearing First Amendment examines the trajectory of free speech jurisprudence in the United States Supreme Court. The work challenges the conventional narrative that judicial rulings have consistently expanded constitutional protections across modern American history.

The analysis contrasts the rigorous enforcement of protections for well-resourced speakers and business entities with the declining rights of individuals who require government assistance, such as access to public property for assembly. It highlights how the Roberts and Rehnquist Courts replaced flexible balancing inquiries with rigid categorical standards that restrict judicial discretion.

Focusing on overlooked decisions alongside major precedents, the text explores how returning to discretionary balancing could revive opportunities for democratic participation.