Through the Eyes of Justice: Constitutionally Protected Speech and Protest According to Justice Antonin Scalia
School of Communication and the Arts
Master of Arts in Communication (MA)
Justice Antonin Scalia, Free Speech, Protest, Black Lives Matter, President Donald Trump
Kriegshauser, Lisa Ann, "Through the Eyes of Justice: Constitutionally Protected Speech and Protest According to Justice Antonin Scalia" (2021). Masters Theses. 744.
A few hallmark characteristics of the American Republic are a citizen’s right to the freedom of speech and the right to peacefully assemble without the fear of retaliation from the government. In recent 21st century history, American society has witnessed the polarization of ideologies to a point where words end in violence and burned-down cities. To encourage and facilitate open communication, legal and cultural progress, and innovation, the freedom of speech and protest must maintain center stage. This study applied Justice Antonin Scalia’s judicial doctrine of the freedom of speech and protest to the Black Lives Matter Movement and President Donald Trump’s “Save America” Rally speech on January 6, 2021, case studies while seeking to answer this question, “According to Supreme Court Justice Antonin Scalia’s originalist interpretation of the First Amendment and free speech, what type of protest actions and words are constitutionally protected?” The criteria applied in this study are derived from Justice Antonin Scalia’s judicial doctrine of the freedom of speech and protest and utilizes Kenneth Burke’s Dramatistic Pentad, the Act to each case study.