Cover: First Amendment Institutions, from Harvard University PressCover: First Amendment Institutions in HARDCOVER

First Amendment Institutions

Product Details

HARDCOVER

$60.00 • £52.95 • €54.95

ISBN 9780674055414

Publication Date: 01/07/2013

Text

384 pages

6-1/8 x 9-1/4 inches

World

Add to Cart

Media Requests:

Related Subjects

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.

Recent News

Black lives matter. Black voices matter. A statement from HUP »

From Our Blog

Composite photograph showing (top) entrance to the Prudential Center in Boston and (bottom) an internal construction partition/wall printed with the words 'Opening Day 2023' and other decorative text

A New Chapter for Harvard Book Store

Starting in the summer of 2023, for the first time in almost thirty years, Harvard Book Store will have two locations: the flagship store in Harvard Square, and a large new store in the Prudential Center in Boston. For University Press Week we wanted to show some bookseller love, so we reached out to Rachel Cass, General Manager of the Harvard Book Store, to see what’s planned for their exciting new location