front cover of First Amendment Institutions
First Amendment Institutions
Paul Horwitz
Harvard University Press, 2012

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.

[more]

front cover of Notes Toward a Performative Theory of Assembly
Notes Toward a Performative Theory of Assembly
Judith Butler
Harvard University Press, 2015

A Times Higher Education Book of the Week

Judith Butler elucidates the dynamics of public assembly under prevailing economic and political conditions, analyzing what they signify and how.


Understanding assemblies as plural forms of performative action, Butler extends her theory of performativity to argue that precarity—the destruction of the conditions of livability—has been a galvanizing force and theme in today’s highly visible protests.

“Butler’s book is everything that a book about our planet in the 21st century should be. It does not turn its back on the circumstances of the material world or give any succour to those who wish to view the present (and the future) through the lens of fantasies about the transformative possibilities offered by conventional politics Butler demonstrates a clear engagement with an aspect of the world that is becoming in many political contexts almost illicit to discuss: the idea that capitalism, certainly in its neoliberal form, is failing to provide a liveable life for the majority of human beings.”
—Mary Evans, Times Higher Education

“A heady immersion into the thought of one of today’s most profound philosophers of action…This is a call for a truly transformative politics, and its relevance to the fraught struggles taking place in today’s streets and public spaces around the world cannot be denied.”
—Hans Rollman, PopMatters

[more]

front cover of Rampant Women
Rampant Women
Suffragists Right Assembly
Linda J. Lumsden
University of Tennessee Press, 1997
Dr. Linda J. Lumsden analyzes the First Amendment components of the women's suffrage movement, in particular their right to assembly as they organized pageants, parades, open air meetings and public demonstrations. The book opens with a woman-centered essay on the freedom of expression before the 20th century. The first chapter describes the heroism it took for women in the 19th century to gather in mass meetings, delegations and conventions. Chapter 2 explores Open-Air campaigns; Chapter 3 on petitioning as a political tool. Chapter 4 is on parades, starting with the first suffrage parades in 1908 (New York City; Boone, Iowa; and Oakland, California) and ending with the last one in 1917. Pageants are featured in chapter 5, and the chapter 6 is on picketing. The concluding chapter develops her position that suffrage assemblies provided the leverage for later protestors who sought a public arena to decry their political dissent. Four appendices then follow: a list of suffrage organizations; prominent suffragists in the 1910s; a chronology of major events in the U.S. suffrage movement; and, finally a list of when and where women won the vote. There is a brief mention of the 1913 suffrage paraders in Louisville, but generally the book focuses on states other than Kentucky.
[more]

front cover of Workers against the City
Workers against the City
The Fight for Free Speech in Hague v. CIO
Donald W. Rogers
University of Illinois Press, 2020
The 1939 Supreme Court decision Hague v. CIO was a constitutional milestone that strengthened the right of Americans, including labor organizers, to assemble and speak in public places. Donald W. Rogers eschews the prevailing view of the case as a morality play pitting Jersey City, New Jersey, political boss Frank Hague against the Committee for Industrial Organization (CIO) and allied civil libertarian groups. Instead, he draws on a wide range of archives and evidence to re-evaluate Hague v. CIO from the ground up. Rogers's review of the case from district court to the Supreme Court illuminates the trial proceedings and provides perspectives from both sides. As he shows, the economic, political, and legal restructuring of the 1930s refined constitutional rights as much as the court case did. The final decision also revealed that assembly and speech rights change according to how judges and lawmakers act within the circumstances of a given moment.
 
Clear-eyed and comprehensive, Workers against the City revises the view of a milestone case that continues to impact Americans' constitutional rights today.
[more]


Send via email Share on Facebook Share on Twitter