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* Read * First Amendment Institutions by Paul Horwitz Í eBook or Kindle ePUB. First Amendment Institutions Peter P. Fuchs said Undermines Supposed Congruence Between Catholic Natural Law and American Consitutional Law. The Federalist Society has an interesting podcast featuring Horwitz being interviewed about this book . One valuable part of the argument he describes is that it emphasizes the value of social and institutional situations over a too rigid formalist framework for understanding American Law, especially as related to the Firs]
| Title | : | First Amendment Institutions |
| Author | : | |
| Rating | : | 4.33 (808 Votes) |
| Asin | : | 0674055411 |
| Format Type | : | paperback |
| Number of Pages | : | 384 Pages |
| Publish Date | : | 2015-10-26 |
| Language | : | English |
This book promises to promoteand provokeimportant new discussions about the shape and future of the First Amendment.. 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. Self-regulation and public criticism should be the key restraints on these institutions, not judicial fiat. 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. It would also move us toward a conception of the state as a participating member of our social framework, rather th
Peter P. Fuchs said Undermines Supposed Congruence Between Catholic Natural Law and American Consitutional Law. The Federalist Society has an interesting podcast featuring Horwitz being interviewed about this book . One valuable part of the argument he describes is that it emphasizes the value of social and institutional situations over a too rigid formalist framework for understanding American Law, especially as related to the Firs
(Mark Tushnet, Harvard University)As the world becomes more socially, industrially, governmentally, and technologically complex, it is increasingly implausible to imagine the protections of freedom of speech and press applying in exactly the same way in all contexts. Which institutions should be trusted to make which kinds of content-based determinations of what is or is not said, or published? Paul Horwitz sets out the case for an institutional perspective on the First Amendment with careful argument, admirable balance, and meticulous scholarship. (Frederick Schauer, University of Virginia)A thought provoking workThis is a rich work at the forefront of a growing movement to think of the First Amendment in a contextual and an institutional context. (M. W. This book opens new lines of discussion and criticism for a new
Paul Horwitz is Gordon Rosen Professor at the School of Law at the University of Alabama.
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