Equality as a central principle in the first amendment - chicago unbound
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By kl karst · 1975 · cited by 918 — finally, the first amendment's equality principle implies further constitutional progress toward equaliza- tion of the electoral process:.
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Equality as a Central Principlein the First AmendmentKenneth L. KarsttFreedom of speech is indivisible; unless we protect it for all, wewill have it for none.HARRY KALVEN, JR.The ideal of equality runs deep in the American tradition.' Ajust society, we believe, must offer "equal liberties'2 in the realmof political participation. Within the past generation, this traditionhas flowered into a number of new constitutional doctrines, aimedat effectuating the ideal of political equality.3 In the aggregate, thesedoctrines mark the emergence of a principle of equal liberty of ex-pression, not merely in the political arena, but throughout all theinterdependent "decisionmaking" processes of a complex society.4A natural doctrinal vehicle for promoting the principle of equalliberty of expression is the guarantee of equal protection of the laws.-In a number of recent cases involving first amendment interests, thet Professor of Law, University of California, Los Angeles. I am grateful to my colleag...