This Article examines Justice Brennan's voting record and opinions in first amendment cases decided since 1969 and compares Justice Brennan's votes to those of his colleagues on the Burger Court. The author investigates the major themes that run through Justice Brennan's opinions in an attempt to ascertain whether Justice Brennan's votes are rooted in a coherent doctrine of freedom of expression, and whether he has moved away from his reliance on the functional view of the first amendment. The author concludes that Justice Brennan has developed an approach that combines a conservative approach to freedom of expression with a more liberal "natural rights" approach.
Edward V. Heck,
Justice Brennan and Freedom of Expression Doctrine in the Burger Court,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol24/iss5/5