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Trapp, Mary E. – 1981
Examining interpretive approaches to the First Amendment free speech and press clause, this paper focuses on the conceptual framework proposed by John Hart Ely. Other First Amendment tests examined include clear and present danger, balancing, the absolute test, and A. Meiklejohn's "absolute" test. Following an analysis of Ely's First…
Descriptors: Constitutional Law, Court Litigation, Evaluation Criteria, Evaluation Methods
Download full textParker, Richard A. – 1989
The "least restrictive means" test, a frequently used tool for resolving First Amendment cases in federal courts, is designed to insure that state-imposed abridgement of free expression is limited to the narrowest scope and the least impact necessary to fulfill a compelling state interest. Analysis of the history of the test since its…
Descriptors: Civil Liberties, Communication Research, Constitutional History, Constitutional Law
