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The assumption that government must be neutral among conceptions of the good generally appears in cases in which the Court protects speech that government would restrict. But the force of this assumption can also be seen where the Court has upheld restrictions on speech, most notably, in obscenity cases. Although the Court has been reluctant to protect obscenity under the First Amendment, its reasoning in recent obscenity cases displays the powerful influence of neutrality assumptions on constitutional law. (en) |
