The "least restrictive means" test, a frequently used tool for resolving First Amendment cases in federal courts, is designed to insure that state-imposed abridgement of free expression is limited to the narrowest scope and the least impact necessary to fulfill a compelling state interest. Analysis of the history of the test since its…

The establishment of First Amendment protection for statements of opinion has extended the category of protected expression, but judicially created tests for distinguishing fact from opinion provide limited guidance for judges and place little constraint on judicial interpretation of language. In writing the Supreme Court's majority opinion in…

A study examined the current United States Supreme Court's treatment of the legal concept of freedom of expression by exploring its decisions and opinions on a quantitative basis. The individual votes and the opinions or legal rationales of the justices were recorded for the 43 First Amendment cases decided by the court between the 1981…