- Published in print:
- 2008
- Published Online:
- June 2013
- ISBN:
- 9780804757249
- eISBN:
- 9780804779609
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804757249.003.0003
- Subject:
- Law, Constitutional and Administrative Law
This chapter examines the outcomes and implications of “conceptual confluence,” or the phenomenon whereby two relatively autonomous lines of doctrine—electoral process and free speech law—have merged ...
More
This chapter examines the outcomes and implications of “conceptual confluence,” or the phenomenon whereby two relatively autonomous lines of doctrine—electoral process and free speech law—have merged and melded, affording an accommodation of the values and precepts central to both jurisprudential traditions. While cases involving free speech claims within the electoral process might be appealed to the Court as “speech” cases rather than “process” cases, it is argued that issues of electoral expression are intrinsically different from speech cases outside this domain. Thus, efforts to decouple “speech” from “process” law will, as an intellectual endeavor, fail to appreciate the particular essence of the intersection and development of the two—as one—over time.Less
This chapter examines the outcomes and implications of “conceptual confluence,” or the phenomenon whereby two relatively autonomous lines of doctrine—electoral process and free speech law—have merged and melded, affording an accommodation of the values and precepts central to both jurisprudential traditions. While cases involving free speech claims within the electoral process might be appealed to the Court as “speech” cases rather than “process” cases, it is argued that issues of electoral expression are intrinsically different from speech cases outside this domain. Thus, efforts to decouple “speech” from “process” law will, as an intellectual endeavor, fail to appreciate the particular essence of the intersection and development of the two—as one—over time.
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
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 America. This book examines one expanding domain within this larger legal context: freedom of speech in the political process, or electoral speech law. Specifically, the author examines the Court's evolving conceptions of free speech in the electoral process and then traces the consequences of various debates and determinations from the post-World War II era to the present. In his analysis of the broad range of cases from this period, supplemented by four recent case study investigations, he explores competing visions of electoral expression in the marketplace of ideas, various methods for analyzing speech dilemmas, the multiple influences that shape the justices' notions of both the potential for and privileged status of electoral communication, and the ultimate implications of these Court rulings for American democracy.Less
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 America. This book examines one expanding domain within this larger legal context: freedom of speech in the political process, or electoral speech law. Specifically, the author examines the Court's evolving conceptions of free speech in the electoral process and then traces the consequences of various debates and determinations from the post-World War II era to the present. In his analysis of the broad range of cases from this period, supplemented by four recent case study investigations, he explores competing visions of electoral expression in the marketplace of ideas, various methods for analyzing speech dilemmas, the multiple influences that shape the justices' notions of both the potential for and privileged status of electoral communication, and the ultimate implications of these Court rulings for American democracy.
- 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
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 members of the Court “have in mind” is especially important in that such contours influence their decisions. The chapter begins by discussing the general significance of the role of imagery in argument and develops the claim that the particular and literal “vision” of the case is critical to its ultimate resolution. It considers evident preferences for certain dimensions of electoral expression and the role for persuasion in the constitution of electoral speech law. Finally, the chapter turns to the role of and for perception, but specifically the significance of “schemata,” or those categories of the mind which represent an individual's “complex set of beliefs and feelings about some area of experience”.Less
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 members of the Court “have in mind” is especially important in that such contours influence their decisions. The chapter begins by discussing the general significance of the role of imagery in argument and develops the claim that the particular and literal “vision” of the case is critical to its ultimate resolution. It considers evident preferences for certain dimensions of electoral expression and the role for persuasion in the constitution of electoral speech law. Finally, the chapter turns to the role of and for perception, but specifically the significance of “schemata,” or those categories of the mind which represent an individual's “complex set of beliefs and feelings about some area of experience”.
- 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
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 deeper and wider into existing dimensions of speech questions covered throughout this book. Constitutions, of course, err on the side of “great outlines,”, and the chapter considers how the received outlines of the electoral speech “constitution” of today might bear on the electoral expression debates of tomorrow.Less
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 deeper and wider into existing dimensions of speech questions covered throughout this book. Constitutions, of course, err on the side of “great outlines,”, and the chapter considers how the received outlines of the electoral speech “constitution” of today might bear on the electoral expression debates of tomorrow.
