Document Type
Article
Publication Date
Spring 2022
Abstract
In Fundamental First Amendment Principles, published in the Northern Illinois University Law Review, David L. Hudson Jr. and Jacob David Glenn distill the complexity of modern free-speech jurisprudence into ten foundational principles that structure First Amendment analysis. The Article emphasizes that the core of the First Amendment lies in protecting criticism of government and prohibiting viewpoint discrimination, while also safeguarding symbolic expression, offensive and unpopular speech, and the right not to speak. At the same time, the authors underscore that not all speech is protected, identifying historically recognized categorical exceptions such as incitement, true threats, obscenity, and defamation. The framework further examines speaker-based doctrines governing public employees, students, prisoners, and members of the military; the constitutional protection of expressive association; and the ways in which speech rights may be constrained by the reactions of others or curtailed during perceived national emergencies. By synthesizing doctrine across landmark cases and historical episodes, the Article offers a structured, accessible roadmap for navigating the otherwise labyrinthine terrain of First Amendment law.
Recommended Citation
David L. Hudson Jr. & Jacob David Gleen, Fundamental First Amendment Principles, 42 N. Ill. U. L. Rev. 271 (Spring 2022).
