Date of Award


Degree Type


Degree Name

Master of Science


Communication and Information

Major Professor

Lori Amber Roessner

Committee Members

Michael T. Martinez, Catherine Luther


Justice Antonin Scalia proudly proclaimed that he was an Originalist, which is the theory that the Constitution should be interpreted in the same manner as those who ratified and drafted the document would have interpreted it. Scalian-Originalism faced several liberal legal critiques that challenged the legitimacy of the method and theory. This manuscript seeks to further the debate regarding Scalian-Originalism’s interpretation of the First Amendment by applying a Critical Legal perspective. The analysis is done in the form of an immanent critique, and examines the legitimacy of Scalian-Originalism’s First Amendment interpretation by the theory’s ability to further equality and democratic participation in American society.

Files over 3MB may be slow to open. For best results, right-click and select "save as..."