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Article
Legislating the First Amendment: A Trio of Recommendations for Lawmakers Targeting Free Expression
UF Law Faculty Publications
  • Clay Calvert, University of Florida Levin College of Law
Document Type
Article
Publication Date
1-1-2017
Disciplines
Abstract

This Article offers three recommendations for lawmakers attempting to restrict expression that is presumptively protected by the First Amendment. The proposals include: (1) embracing a ''prism of protection" through which all potential laws affecting expression are filtered prior to drafting; (2) mandating inclusion of sunset clauses in all statutes that may detrimentally impact free expression; and (3) adopting a comprehensive legislative oversight and review process for determining if an expired statute should be renewed, revised or abandoned. Although far from creating what Dean Roscoe Pound more than 100 years ago called a "science of legislation, " the proposals here nonetheless are designed both to improve legislative quality and to eliminate ineffective, obsolete or rarely used statutes.

Citation Information
Clay Calvert, Legislating the First Amendment: A Trio of Recommendations for Lawmakers Targeting Free Expression, 35 Cardozo Arts & Ent. L.J. 279 (2017)