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First Amendment Institutions

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Title: First Amendment Institutions
Description: 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.
Authors: Paul Horwitz
Resource Type: eBook.
Subjects: Assembly, Right of--United States, Freedom of speech--United States, Freedom of the press--United States, Freedom of religion--United States
Categories: LAW / Constitutional, PHILOSOPHY / Political, POLITICAL SCIENCE / Public Affairs & Administration
Database: eBook Collection (EBSCOhost)
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  Availability: 0
Header DbId: nlebk
DbLabel: eBook Collection (EBSCOhost)
An: 508390
RelevancyScore: 1051
AccessLevel: 6
PubType: eBook
PubTypeId: ebook
PreciseRelevancyScore: 1050.81640625
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  Data: 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.
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RecordInfo BibRecord:
  BibEntity:
    Classifications:
      – Code: 323.440973
        Scheme: ddc
        Type: prePub
    Languages:
      – Code: eng
        Text: English
    Subjects:
      – SubjectFull: Assembly, Right of--United States
        Type: general
      – SubjectFull: Freedom of speech--United States
        Type: general
      – SubjectFull: Freedom of the press--United States
        Type: general
      – SubjectFull: Freedom of religion--United States
        Type: general
    Titles:
      – TitleFull: First Amendment Institutions
        Type: main
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          Name:
            NameFull: Paul Horwitz
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          Dates:
            – D: 01
              M: 01
              Type: published
              Y: 2013
            – D: 04
              M: 02
              Type: profile
              Y: 2014
          Identifiers:
            – Type: isbn-print
              Value: 9780674055414
            – Type: isbn-electronic
              Value: 9780674067370
            – Type: isbn-electronic
              Value: 9780674070929
          Titles:
            – TitleFull: First Amendment Institutions
              Type: main
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