Progressive Civil Libertarianism

THE SEARCH FOR AN EGALITARIAN FIRST AMENDMENT

Jeremy K. Kessler * & David E. Pozen **

Over the past decade, the Roberts Court has handed down a series of rulings that demonstrate the degree to which the First Amendment can be used to thwart economic and social welfare regulation—generating widespread accusations that the Court has created a “new Lochner.” This introduction to the Columbia Law Review’s...