In this comprehensive and original analysis of the First Amendment's multifaceted applications, Paul Horwitz deftly argues that constitutional law should take institutions and their variety into account—libraries, newspapers, churches, and beyond. This book opens new lines of discussion and criticism for a new generation of scholars. (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. An important dimension of the First Amendment is institutional competence. 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 work...This is a rich work at the forefront of a growing movement to think of the First Amendment in a contextual and an institutional context. All scholars and students of the First Amendment should read it.
(M. W. Bowers Choice
About the Author
Paul Horwitz is Gordon Rosen Professor at the School of Law at the University of Alabama.