ABSTRACT
As the critique developed in the previous chapter suggests, the scrutiny structure as it is presently applied has significant weaknesses. These weaknesses include the vagueness of current standards, the level of abstraction at which First Amendment interests are considered, and the unwillingness of lower courts to extend protection beyond the factual scenarios in which Supreme Court precedents were created. But an even more basic issue raised by the cases examined in this study is whether the First Amendment should be subject to balancing of any kind in the criminal justice context.
