Carolene Products was being reprimanded for their use of non-milk fat in milk. This particular case was an attempt to deny filled products from being sold and shipped between states. Written in the fourth footnote of this case, Justice Stone reflects how laws and regulations which are overlapping the national Bill of Rights should be reduced or waived, the special care of the US Supreme Court to support foundational liberties like those supported by the Fourteenth Amendment, and the necessity of the court to support minorities.
The Preferred Freedoms Doctrine creates a hierarchy of personal freedoms. The idea essentially states some liberties, like those contained in the First Amendment, should be handled with extra care since they are foundational to living in a free society. It was built on the ideas laid out in how freedom of speech cases were handled with intent of the message as opposed to prior economic cases that were handled more on rationale. The doctrine revealed itself in more solidified form in Footnote Four in United States v. Carolene Products in 1938. The next year it was put into practice in challenging and repealing multiple state laws restricting the ability of people to hand out flyers and solicit houses with handbills. Although the direct use of preferred freedoms changed over the new few years, it successfully set the status quo of how First Amendment cases would be handled.
I feel this is an odd place to find such a pivotal doctrine, but It is still helpful it exists. When talking law and court, even the most implied thoughts and ideas are challenged if they aren’t written somewhere (even the footnotes). This is why it is important to keep up with these cases, but have you ever tried reading one of these things? It isn’t easy. There were other sections of this assignment I was going to post, but I could bring myself to posting them. They are too dense. I did, however have some interesting thoughts on the “Lemon Test” and Establishment Clause. This will be up and coming since I will need to make those selections more digestible.
