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Reed v. Town of Gilbert: A Court United, a Court Divided

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The 2015 Supreme Court case, Reed v. Town of Gilbert, is unusual. While it was unanimously decided in a 9-0 opinion, the majority opinion created a lot of divisiveness within

The 2015 Supreme Court case, Reed v. Town of Gilbert, is unusual. While it was unanimously decided in a 9-0 opinion, the majority opinion created a lot of divisiveness within the Court. This thesis examines how a court that unanimously decided on the outcome of the case contains concurring opinions that so strongly disagree with the specifics put forth in the Opinion of the Court, and what implications that might have on future content discrimination laws. Such implications include whether the Court will take a more functional or literal approach to strict scrutiny examination and content regulation.

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  • 2016-12