First Amendment institutions [electronic resource] / Paul Horwitz.
2013
KF 4770 .H67 2013eb
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Title
First Amendment institutions [electronic resource] / Paul Horwitz.
Author
Horwitz, Paul.
ISBN
9780674067370 electronic book
0674055411
9780674055414
0674055411
9780674055414
Imprint
Cambridge, Mass. : Harvard University Press, c2013.
Language
English
Description
1 online resource (xiii, 367 p.)
Call Number
KF 4770 .H67 2013eb
Dewey Decimal Classification
323.440973
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." -- Publisher's description.
Bibliography, etc. Note
Includes bibliographical references (p. [293]-359) and index.
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First Amendment institutions.
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Table of Contents
From acontextuality to institutionalism
The conventional First Amendment
The lures and snares of acontextuality
Taking the institutional turn
Institutions and institutionalism
First amendment institutions in practice
Where ideas begin : universities and schools
Where information is gathered : the press, old and new
Where souls are saved : churches
Where ideas reside : libraries
Where ideas meet : associations
The borderlands of institutionalism
Problems and prospects
Critiques of First Amendment institutionalism
Institutionalism beyond The First Amendment.
The conventional First Amendment
The lures and snares of acontextuality
Taking the institutional turn
Institutions and institutionalism
First amendment institutions in practice
Where ideas begin : universities and schools
Where information is gathered : the press, old and new
Where souls are saved : churches
Where ideas reside : libraries
Where ideas meet : associations
The borderlands of institutionalism
Problems and prospects
Critiques of First Amendment institutionalism
Institutionalism beyond The First Amendment.