THE INDETERMINATE FUTURE OF THE 1ST-AMENDMENT

The position of the First Amendment within the hierarchy of values held important in our constitutional system may be challenged as the Bill of Rights enters its third century. In fact, there is evidence the values are already being challenged. The investigation of recent decisions of the Rehnquist Court finds the justices restricting expressive freedoms through the use-and abuse-of legal precedents. This review suggests that, before long, government arguments for restrictions of expression will rather routinely win Supreme Court support, while arguments for increased freedom will find it difficult to build a majority.