Gregory P. Magarian
- Published in print:
- 2017
- Published Online:
- March 2017
- ISBN:
- 9780190466794
- eISBN:
- 9780190466824
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190466794.003.0009
- Subject:
- Law, Constitutional and Administrative Law
This chapter explains and critiques managed speech as the Roberts Court’s mode of First Amendment doctrine. Managed speech has three core elements: empowering stable, responsible institutions, both ...
More
This chapter explains and critiques managed speech as the Roberts Court’s mode of First Amendment doctrine. Managed speech has three core elements: empowering stable, responsible institutions, both governmental and private, to exercise managerial control over public discussion; disfavoring First Amendment claims from social and political outsiders who challenge dominant norms and institutions; and strongly promoting social and political stability. Managed speech fits a conservative intellectual tradition that extends from Edmund Burke’s conception of bounded liberty to Robert Bork’s proposals for limiting First Amendment protection to conventional political speech. This chapter closes the book by advocating an alternative approach to First Amendment doctrine under the author’s preferred normative model for constitutional speech protection, dynamic diversity. That approach would entail heightened attention to First Amendment issues in the mass media, allowance for reasonable regulations of money in politics, and increased judicial efforts to distribute expressive opportunities.Less
This chapter explains and critiques managed speech as the Roberts Court’s mode of First Amendment doctrine. Managed speech has three core elements: empowering stable, responsible institutions, both governmental and private, to exercise managerial control over public discussion; disfavoring First Amendment claims from social and political outsiders who challenge dominant norms and institutions; and strongly promoting social and political stability. Managed speech fits a conservative intellectual tradition that extends from Edmund Burke’s conception of bounded liberty to Robert Bork’s proposals for limiting First Amendment protection to conventional political speech. This chapter closes the book by advocating an alternative approach to First Amendment doctrine under the author’s preferred normative model for constitutional speech protection, dynamic diversity. That approach would entail heightened attention to First Amendment issues in the mass media, allowance for reasonable regulations of money in politics, and increased judicial efforts to distribute expressive opportunities.
Gregory P. Magarian
- Published in print:
- 2017
- Published Online:
- March 2017
- ISBN:
- 9780190466794
- eISBN:
- 9780190466824
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190466794.001.0001
- Subject:
- Law, Constitutional and Administrative Law
This book comprehensively explores and critiques how the current U.S. Supreme Court, under the leadership of Chief Justice John Roberts, has reshaped First Amendment free speech law. The book argues ...
More
This book comprehensively explores and critiques how the current U.S. Supreme Court, under the leadership of Chief Justice John Roberts, has reshaped First Amendment free speech law. The book argues that the Roberts Court’s First Amendment decisions consistently conform to a version of expressive freedom that the author calls “managed speech,” providing limited protection for expressive autonomy while bolstering social and political stability. The book critiques managed speech and advocates a contrasting vision of constitutional speech protection called “dynamic diversity,” which aims to broaden the range of ideas and participants in public discussion. The book examines every one of the more than forty decisions about expressive freedom that the Supreme Court handed down between Chief Justice Roberts’ ascent in September 2005 and Justice Scalia’s death in February 2016. These decisions comprise one of the most important, controversial parts of the Roberts Court's record and legacy. The author explores key recurring debates in First Amendment law across three categories of free speech problems: regulations of private speech; restrictions on speech that involves government institutional subjects, government property, or government funding, which the author calls “government preserves”; and regulations of speech in the electoral process.Less
This book comprehensively explores and critiques how the current U.S. Supreme Court, under the leadership of Chief Justice John Roberts, has reshaped First Amendment free speech law. The book argues that the Roberts Court’s First Amendment decisions consistently conform to a version of expressive freedom that the author calls “managed speech,” providing limited protection for expressive autonomy while bolstering social and political stability. The book critiques managed speech and advocates a contrasting vision of constitutional speech protection called “dynamic diversity,” which aims to broaden the range of ideas and participants in public discussion. The book examines every one of the more than forty decisions about expressive freedom that the Supreme Court handed down between Chief Justice Roberts’ ascent in September 2005 and Justice Scalia’s death in February 2016. These decisions comprise one of the most important, controversial parts of the Roberts Court's record and legacy. The author explores key recurring debates in First Amendment law across three categories of free speech problems: regulations of private speech; restrictions on speech that involves government institutional subjects, government property, or government funding, which the author calls “government preserves”; and regulations of speech in the electoral process.
