First Amendment Institutions by Paul HorwitzCall Number: KF4770 .H67 2013
ISBN: 0674055411
Publication Date: 2013-01-07
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. Horwitz suggests that this approach would help the law enhance the contribution of our First Amendment institutions to social and political life. "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.