First Amendment institutions / Paul Horwitz.

Format:

Book

Author/Creator:

Horwitz, Paul.

Language:

English

Subjects (All):

Assembly, Right of--United States.

Assembly, Right of.

Freedom of religion--United States.

Freedom of religion.

Freedom of speech--United States.

Freedom of speech.

Freedom of the press--United States.

Freedom of the press.

United States. Constitution--1st Amendment.

United States.

Physical Description:

1 online resource (xiii, 367 pages)

Edition:

1st ed.

Place of Publication:

Cambridge, Mass. : Harvard University Press, c2013.

Language Note:

English

Summary:

Addressing a host of hot-button issues, from the barring of Christian student groups and military recruiters from law schools and universities to churches' immunity from civil rights legislation in hiring and firing ministers, Paul Horwitz proposes a radical reformation of First Amendment law. Arguing that rigidly doctrinal approaches can't account for messy, real-world situations, he suggests that the courts loosen their reins and let those institutions with a stake in First Amendment freedoms do more of the work of enforcing them. Universities, the press, libraries, churches, and various other institutions and associations are a fundamental part of the infrastructure of public discourse. Rather than subject them to ill-fitting, top-down rules and legal categories, courts should make them partners in shaping public discourse and First Amendment law, giving these institutions substantial autonomy to regulate their own affairs. Self-regulation and public criticism should be the key restraints on these institutions, not judicial fiat. Horwitz suggests that this approach would help the law enhance the contribution of our "First Amendment institutions" to social and political life. It would also move us toward a conception of the state as a participating member of our social framework, rather than a reigning and often overbearing sovereign. First Amendment Institutions offers a new vantage point from which to evaluate ongoing debates over topics ranging from campaign finance reform to campus hate speech and affirmative action in higher education. This book promises to promote-and provoke-important new discussions about the shape and future of the First Amendment.

Contents:

Front matter

Contents

Acknowledgments

Introduction

Part One: From Acontextuality to Institutionalism

1. The Conventional First Amendment

2. The Lures and Snares of Acontextuality

3. Taking the Institutional Turn

4. Institutions and Institutionalism

Part Two: First Amendment Institutions in Practice

5. Where Ideas Begin: Universities and Schools

6. Where Information Is Gathered: The Press, Old and New

7. Where Souls Are Saved: Churches

8. Where Ideas Reside: Libraries

9. Where People and Ideas Meet: Associations

10. The Borderlands of Institutionalism

Part Three: Problems and Prospects

11. Critiques of First Amendment Institutionalism

12. Institutionalism Beyond The First Amendment?

Notes

Index

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliographical references (p. [293]-359) and index.

ISBN:

9780674070929

0674070925

9780674067370

0674067371

OCLC:

824530489