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Since ratification of the First Amendment in the late eighteenth century, there has been a sea change in American life. When the amendment was ratified, individuals were almost completely free of unwanted speech; but today they are besieged by it. Indeed, the First Amendment has, for all practical purposes, been commandeered by the media to justify intrusions of offensive speech into private life.

In its application, the First Amendment has become one-sided. Even though America is virtually drowning in speech, the First Amendment only applies to the speaker's delivery of speech. Left...

Although speech in America may be more free and robust than anywhere else on earth, censorship has maintained its grip on American society and has even increased in recent years. Not only is censorship occurring in many different areas of speech, but it is also being advocated by new groups of sponsors. In recent years, liberals have taken as active a role in censorship as have conservatives. Of all the struggles waged in the 1960s, perhaps the one thought victorious was that against censorship. Yet, as adults, the generation of the 1960s is pushing a campaign of censorship more widespread...

The South Dakota Constitution features the rich history and development of constitutionalism in the state. It provides the complete...

An Entrenched Legacy takes a fresh look at the role of the Supreme Court in our modern constitutional system. Although criticisms of judicial power today often attribute its rise to the activism of justices seeking to advance particular political ideologies, Patrick Garry argues instead that the Supreme Court's power has grown mainly because of certain constitutional decisions during the New Deal era that initially seemed to portend a lessening of the Court's power.

When the Court retreated from enforcing separation of powers and federalism as the twin structural...