Journal of Free Speech Law: "Suspicion, Deference, and the First Amendment," by Helen Norton

The article is here; the Introduction:

First Amendment disputes frequently require courts to assess governmental assertions that contested expression is unacceptably dangerous. This assessment requires courts to choose when to defer to the government's assertions of danger—and when instead to distrust those assertions. The centenary of the Supreme Court's decision in Gitlow v. New York invites us to revisit the role that deference has played, and could play, in Free Speech Clause theory and doctrine. And because a great deal of the First Amendment law developed since Gitlow is at least as much about suspicion of the government as it is about deference to the government, Gitlow's centenary also invites us to consider the role that suspicion has played, and could play, in First Amendment la