Alito on the First Amendment
Civil liberties are of paramount concern to TalkLeft, right along with constitutional rights of the accused. First Amendment Center has this analysis of Judge Alito, having analyzed 20 majority opinions he authored during his tenure on the 3rd Circuit.
A preliminary examination of his First Amendment opinions suggests that Alito is: (1) quite protective of several categories of expression, including religious and commercial expression; (2) far less protective of First Amendment claims raised by prisoners; (3) guardedly protective of First Amendment rights in defamation cases, and (4) generally concerned about prior restraints on expression.
Overall, his opinions suggest he is scholarly in his approach to deciding such cases, and sensitive to precedent but nonetheless capable of working around it when he deems necessary.
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