Protecting a real or imagined past: Justice Samuel Alito and the First Amendment

Authors

Derigan Silver, University of Denver Department of Media, Film and Journalism Studies; University of Denver Sturm College of Law
Dan V. Kozlowski, Saint Louis University-Department of Communication & School of LawFollow

Document Type

Article

Publication Date

2023

Abstract

This article examines the First Amendment jurisprudence of Justice Samuel Alito. In this article, we argue that the principles behind his decision-making are not always necessarily traditional methods of constitutional analysis, and litigants should understand the frames and lenses Alito uses to make decisions when making their arguments to him. The article concludes with a discussion of Alito’s overall approach to the law and some thoughts on how he is attempting to reshape the First Amendment. We write that, above all, it is clear he is seeking to protect a real or imagined past that, in his mind, is under attack in modern America.

Recommended Citation

Silver, Derigan and Kozlowski, Dan, Protecting a real or imagined past: Justice Samuel Alito and the First Amendment ( 2023). First Amendment Law Review, Vol. 22, 2023, Saint Louis U. Legal Studies Research Paper No. 2023-15.