Thus, I focus my attention on the problem of the First Amendment when the government must make content-based choices. I want to divide my remarks into four parts. I begin by reviewing the traditional bedrock rule of the First Amendment: The government cannot regulate speech based on its content. Second, I identify a broad range of cases where this rule cannot apply because the government must make content-based choices. Third, I suggest that the usual First Amendment principles are not helpful in analyzing these cases. Finally, I offer some initial thoughts about directions for dealing with this problem.
The First Amendment: When the Government Must Make Content-Based Choices,
42 Clev. St. L. Rev.
available at https://engagedscholarship.csuohio.edu/clevstlrev/vol42/iss2/3
The Fifty-Fifth Cleveland-Marshall Fund Lecture