Neutral No More: Secondary Effects Analysis and the Quiet Demise of the Content-Neutrality Test

FORDHAM LAW REVIEW, pp. 1187-1235, 2013.

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Abstract:

When the Supreme Court introduced the "secondary effects" doctrine to allow for zoning of adult businesses, critics fell into two camps. Some, like Justice William Brennan, predicted dire consequences for the First Amendment, particularly if the doctrine was used in political speech cases. Others, like Professor Laurence Tribe, predicted ...More

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