The Dynamic Free Speech Clause

Free Speech and its Relation to Other Constitutional Rights

Nonfiction, Reference & Language, Law, Administrative Law & Regulatory Practice, Constitutional
Cover of the book The Dynamic Free Speech Clause by Timothy Zick, Oxford University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Timothy Zick ISBN: 9780190841430
Publisher: Oxford University Press Publication: August 15, 2018
Imprint: Oxford University Press Language: English
Author: Timothy Zick
ISBN: 9780190841430
Publisher: Oxford University Press
Publication: August 15, 2018
Imprint: Oxford University Press
Language: English

The right to free speech intersects with many other constitutional rights. Those intersections have significantly influenced the recognition, scope, and meaning of rights, ranging from freedom of the press to the Second Amendment right to bear arms. They have also influenced interpretation of the Free Speech Clause itself. This book examines the relations between the U.S. Constitution's Free Speech Clause and other constitutional rights. Free speech principles and doctrines have brought about constitutional rights including equal protection, the right to abortion, and the free exercise of religion. They have also provided mediating principles for constructive debates about constitutional rights. At the same time, in its interactions with other constitutional rights, the Free Speech Clause has also been a complicating force. It has often dominated rights discourse and has subordinated or supplanted free press, assembly, petition, and free exercise rights. Currently, courts and commentators are fashioning the Second Amendment right to keep and bear arms in the image of the Free Speech Clause. Borrowing the Free Speech Clause for this purpose may turn out to be detrimental for both rights. While examining the dynamics that have brought free speech and other rights together, the book assesses the products and consequences of these intersections, and draws important lessons from them about constitutional rights and constitutional liberty. Ultimately, the book defends a pluralistic conception of constitutional rights that seeks to leverage the power of the Free Speech Clause but also tame its propensity to subordinate, supplant, and eclipse other constitutional rights.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

The right to free speech intersects with many other constitutional rights. Those intersections have significantly influenced the recognition, scope, and meaning of rights, ranging from freedom of the press to the Second Amendment right to bear arms. They have also influenced interpretation of the Free Speech Clause itself. This book examines the relations between the U.S. Constitution's Free Speech Clause and other constitutional rights. Free speech principles and doctrines have brought about constitutional rights including equal protection, the right to abortion, and the free exercise of religion. They have also provided mediating principles for constructive debates about constitutional rights. At the same time, in its interactions with other constitutional rights, the Free Speech Clause has also been a complicating force. It has often dominated rights discourse and has subordinated or supplanted free press, assembly, petition, and free exercise rights. Currently, courts and commentators are fashioning the Second Amendment right to keep and bear arms in the image of the Free Speech Clause. Borrowing the Free Speech Clause for this purpose may turn out to be detrimental for both rights. While examining the dynamics that have brought free speech and other rights together, the book assesses the products and consequences of these intersections, and draws important lessons from them about constitutional rights and constitutional liberty. Ultimately, the book defends a pluralistic conception of constitutional rights that seeks to leverage the power of the Free Speech Clause but also tame its propensity to subordinate, supplant, and eclipse other constitutional rights.

More books from Oxford University Press

Cover of the book Agents of Empire by Timothy Zick
Cover of the book The Human Rights-Based Approach to Higher Education by Timothy Zick
Cover of the book Diagnosing Giants by Timothy Zick
Cover of the book Institutions of American Democracy by Timothy Zick
Cover of the book The Oxford Handbook of Chinese Linguistics by Timothy Zick
Cover of the book Beyond Reduction by Timothy Zick
Cover of the book Holy Jumpers by Timothy Zick
Cover of the book Preparing for Weight Loss Surgery by Timothy Zick
Cover of the book Neoplatonism in Late Antiquity by Timothy Zick
Cover of the book Dignaga's Investigation of the Percept by Timothy Zick
Cover of the book The Conceit of Humanitarian Intervention by Timothy Zick
Cover of the book Self Help, Inc. by Timothy Zick
Cover of the book Bartok's Viola Concerto by Timothy Zick
Cover of the book Developing Destinies by Timothy Zick
Cover of the book Making Things Happen by Timothy Zick
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy