conlawprof  

What Authorizes Congress' Power to Regulate Speech?

RJLipkin
Mon, 11 Apr 2005 05:49:50 -0700

        If Congress' power is constitutionally limited to its enumerated powers, even if these powers are construed liberally, where does Congress' power to regulate speech derive? Judicial opinions often address the constitutionality of a congressional act regulating speech by going directly to the First Amendment issue without ever identifying the constitutional provision authorizing such regulation. Why is this? I welcome an explanation.  Thanks.
 
Bobby
 
Robert Justin Lipkin
Professor of Law
Widener University School of Law
Delaware
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