It is the position of the writer that, at least so far as Congress is concerned, speech is as free as thought, and that unless and until speech becomes a part of a course of conduct which Congress can restrain or regulate no federal legislative power over it exists. State power, despite the Fourteenth Amendment, may be somewhat more extensive. Certainly the framers of the First Amendment intended that it should be. This article will deal with federal power over speech.
O. J. Rogge,
"Congress Shall Make No Law..."*,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol56/iss3/2