Two-Level Theory in the United States
Two-Level Theory
United States Constitution
According to the Encyclopedia of the American Constitution, about its article titled TWO-LEVEL THEORYIn an important 1960 article, Harry Kalven, Jr., coined the phrase “two-level theory.” As he described it, first amendment methodology classified speech at two levels. Some speech was so unworthy as to be beneath First Amendment protection: no First Amendment review was necessary.
(read more about Constitutional law entries here).