Free Expression: The First Five Years of the Rehnquist Court

Abstract

A statistical analysis of opinions dealing with free-expression issues rendered during the first five years of the Rehnquist Court shows that this court was more supportive of such issues than was the Burger Court, which immediately preceded it. When the first four years of the Court's record are separated from the last year's, however, a different picture emerges. The drop in support for free-expression issues that appears as the Court truly becomes a “Rehnquist Court,” due to retirements of carry-over justices, may give rise to concerns about the future of free-expression rights.