The constitutional principles of Justice Kennedy : a jurisprudence of liberty and equality

Justice Anthony Kennedy is the nation¿s most influential jurist, but his constitutional opinions often elicit the criticism that he is led more by personal whimsy than by constitutional principle. A few recent defenders have described Kennedy¿s jurisprudence as uniquely devoted to the principle of liberty - and even to libertarianism. Bartl argues that these defenders have been, in large part, correct but that they have missed half the story. While Kennedy indeed champions liberty where the Constitution demands it, he is no less the champion of equality where the Constitution focuses on that coequal and coordinate principle.

Introduction -- Freedom of religion -- The freedom of speech -- Political speech -- The search for truth -- Beyond rational speech, to the edge of free expression -- The fourteenth amendment and freedom of action -- Conclusion.