Contents: Preface. Introduction. Classical First Amendment Theory. Imperial Paradigms and Reductionism. Stanley Fish, Literary Theory, and Freedom of Expression. First Amendment Theory and Conceptions of the Self. The Public-Private Distinction and the New Realism. The Normative First Amendment. Shall We Commit First Amendment Theory?
Matthew D. Bunker (Author)
"Any thumbnail sketch risks oversimplification, but this masterful
mapping of the terrain of modern thought about free expression
provides a sure-footed guide to undergraduates and others exploring
contemporary intellectual disputes in disparate fields touching on
First-Amendment issues."
—CHOICE"In the end, the editor reiterates the value of
interdisciplinary thought, and suggests various ways in which First
Amendment theory can go. Bunker proposes top-down reasoning, which
takes a deductive approach to matters, as well as bottom-up
reasoning, based on inductionism. He ultimately lands on wide
reflective equilibrium, which is the convergence of both types of
reasoning and takes both descriptive and normative constitutional
elements into account."
—International Journal of Public Opinion Research"Critiquing Free
Speech covers a great deal of literature, making provocative and at
times insightful criticisms that can open the way for future
research."
—Law & Politics Book Review"Critiquing Free Speech distinguishes
Matt Bunker as a First Amendment scholar with few peers. This is an
exceptionally thoughtful and stimulating book, a sophisticated but
accessible critique of critiques of what in the United States free
speech means. It brings depth and breadth to First Amendment theory
in ways that invite us all to question unquestioned assumptions
about what in principle and in practice we expect from the First
Amendment."
—Theodore L. Glasser
Stanford University"This book solidifies Matthew Bunker's position
as a leading young First Amendment scholar. Bunker not only
presents a thorough analysis of modern thinking about freedom of
expression, he also synthesizes current approaches and suggests an
innovative interdisciplinary path for free speech theorists to
follow. His book will be a standard reference for years to
come."
—Robert Trager
University of Colorado"Theoretically penetrating, elegant in
language, and clear in argumentation is Matthew Bunker's Critiquing
Free Speech. At the same time, it is modest in its claims and
invariably respectful of the ideas of others. And the 'others,' and
more, are here: Milton, Kant, Mill, Rawls, Dworkin, Kuhn, Rorty,
MacIntyre, Sandel, Tribe, Posner, and Sunstein. Bunker cautions
interdisciplinary theorists...not to overlook irreducible values in
earlier free speech models; for example, the high costs of hate
speech and some forms of pornography should not be used to collapse
the entire free speech edifice. This is the best explication of
legal theory and its moral implications and antecedents in the
field and a must for anyone caring to go beyond the technical legal
rudiments of media law."
—Donald M. Gillmor
Silha Professor of Media Ethics and Law, Emeritus, University of
Minnesota"What Emerson did for the doctrine of First Amendment case
law in the seminal System of Freedom of Expression, Bunker does for
the theory. His summary and analysis of the other important
theorists are exquisite. His interdisciplinary approach is fresh
and rich with possibilities. Not many others could have written
this book, and only Bunker could do it this well."
—Steven Helle
University of Illinois at Urbana-Champaign
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