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.
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
READERS
Browse our collection.
PUBLISHERS
See BiblioVault's publisher services.
STUDENT SERVICES
Files for college accessibility offices.
UChicago Accessibility Resources
home | accessibility | search | about | contact us
BiblioVault ® 2001 - 2024
The University of Chicago Press