Managed Speech
The Roberts Court's First Amendment
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Product details:
- Publisher OUP USA
- Date of Publication 27 April 2017
- ISBN 9780190466794
- Binding Hardback
- No. of pages292 pages
- Size 236x163x27 mm
- Weight 522 g
- Language English 0
Categories
Short description:
This book comprehensively explores and critiques how the current U.S. Supreme Court, under the leadership of Chief Justice John Roberts, has reshaped First Amendment law. It argues that this Court has consistently used First Amendment law to promote a limited view of freedom, while bolstering social and political stability.
MoreLong description:
Our constitutional freedom to speak out against government and corporate power is always fragile, but today it faces unprecedented hazards. In Managed Speech: The Roberts Courts First Amendment, leading First Amendment scholar, Gregory Magarian, explores and critiques how the present U.S. Supreme Court, led by Chief Justice John Roberts, has reshaped and degraded the law of expressive freedom.
This timely book shows how the Roberts Court's free speech decisions embody a version of expressive freedom that Professor Magarian calls "managed speech". Managed speech empowers stable, responsible institutions, both government and private, to manage public discussion; disfavors First Amendment claims from social and political outsiders; and, above all, promotes social and political stability. Professor Magarian examines all of the more than forty free speech decisions the Supreme Court handed down between Chief Justice Roberts' ascent in 2005 and Justice Antonin Scalia's death in 2016. Those decisions, taken together, aggressively advance stability at a steep cost to robust public debate.
Professor Magarian proposes a theoretical alternative to managed speech, one that would aim to increase the range of ideas and voices in public discussion: "dynamic diversity." A First Amendment doctrine based on dynamic diversity would prioritize political dissent and the rights of journalists, allow for reasonable regulations of money in politics, and work to broaden opportunities for speakers to be heard. This book offers a fresh, critical perspective on the crucial question of what the First Amendment should mean and do.
Gregory Magarian accomplishes a rare feat by providing a valuable new framework and vocabulary for understanding the Supreme Court's recent First Amendment decisions. This volume offers a heartening glimpse of a future where speech protections embrace a diversity of voices and foster the dynamic change that is the lifeblood of a healthy, modern democracy. Powerful and deftly argued, Managed Speech is both a commentary on the current political moment and a roadmap for reinvigorating the First Amendment.
Table of Contents:
Acknowledgments
Introduction
PART I: PRIVATE SPEECH
Chapter One
The Marrow of Tradition: Categorical Exclusions from First Amendment Protection
Chapter Two
Fair and Balanced: Regulations of Political Dissent and Commercial Profit
PART II: SPEECH IN GOVERNMENT PRESERVES
Chapter Three
My House, My Rules: Strengthening Government Managers' Control Over Institutional Speech
Chapter Four
Speakers, Cornered: Weakening the Public Forum
Chapter Five
There's Always a Catch: Speech-Restrictive Conditions on Government Funding
PART III: SPEECH IN THE ELECTORAL PROCESS
Chapter Six
Of Parties and Petitions: Regulations of Election Procedures
Chapter Seven
Letting Money into Elections: Citizens United and McCutcheon
Chapter Eight
Keeping Money Out of Elections: Government Leveling and Labor Speech
Chapter Nine
Managed Speech and Beyond: Confronting the Roberts Court's First Amendment
APPENDIX:
ROBERTS COURT FREE SPEECH DECISIONS AND HOLDINGS
Index
