This work examines the Supreme Court’s transition from a twentieth century “court of law” constrained by institutional and cultural forces to a twenty-first century “policy-making” body constrained by mere ideology. Using textual-based analyses and judicial decision-making models, I will examine Supreme Court cases ranging from the Stone Court to the Roberts Court to consider whether the current Court is intentionally weaponizing First Amendment principles against substantive due process protections. Ultimately, I will establish the doctrinal transformation in substantive due process privileges and through tracing the cultural and political factors that motivated the outcomes of these decisions, I will suggest the Court has abandoned its sensitivity and recognition of critical cultural moments in favor of expressing pure ideology.
Steckbeck, Cameron K., "The Judicial Arms Race: An Investigation Into the Weaponization of First Amendment Principles Against Substantive Due Process Protections From the Stone Court to the Roberts Court" (2019). Senior Independent Study Theses. Paper 8383.
Bachelor of Arts
Senior Independent Study Thesis
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