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The Constitution of Electoral Speech Law: The Supreme Court and Freedom of Expression in Campaigns and Elections

Brian K. Pinaire

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804757249
eISBN:
9780804779609
Item type:
book
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804757249.001.0001
Subject:
Law, Constitutional and Administrative Law

Bush v. Gore brought to the public's attention the significance of election law and the United States Supreme Court's role in structuring the rules that govern how campaigns and elections function in ... More


Introduction The Constitution of Electoral Speech Law

in The Constitution of Electoral Speech Law: The Supreme Court and Freedom of Expression in Campaigns and Elections

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804757249
eISBN:
9780804779609
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804757249.003.0001
Subject:
Law, Constitutional and Administrative Law

This introductory chapter sets out the book's main theme—the nature and process of freedom of speech within the course of campaigns and elections, or what is referred to as the constitution of ... More


Cognitive Contours

in The Constitution of Electoral Speech Law: The Supreme Court and Freedom of Expression in Campaigns and Elections

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804757249
eISBN:
9780804779609
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804757249.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter examines the techniques, tactics, devices, and schemes that have the potential to constitute the manner means by which the justices “see” the speech question before them. What the ... More


Constituent Concepts

in The Constitution of Electoral Speech Law: The Supreme Court and Freedom of Expression in Campaigns and Elections

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804757249
eISBN:
9780804779609
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804757249.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on two concepts that figure most prominently in the constitution of electoral speech law: “electoral superintendence” and the “marketplace of ideas.” It shows that “electoral ... More


Conclusion A Constitution We Are Expounding

in The Constitution of Electoral Speech Law: The Supreme Court and Freedom of Expression in Campaigns and Elections

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804757249
eISBN:
9780804779609
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804757249.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter considers the future of electoral speech law in three respects: (a) its evaluation by the justices presently on the Court; (b) its expansion and growth as a domain; and (c) its extension ... More


Rhetorical Modes

in The Constitution of Electoral Speech Law: The Supreme Court and Freedom of Expression in Campaigns and Elections

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804757249
eISBN:
9780804779609
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804757249.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the means by which rhetorical modes of argument and analysis facilitate the articulation of the constitution of electoral speech law. Assuming that arguments do, in fact, ... More


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