Managed Speech: The Roberts Court's First Amendment

Law

Managed Speech: The Roberts Court's First Amendment

By Gregory P. Magarian
Oxford University Press May 2017

Specifications

ISBN-13
9780190466794
Publisher
Oxford University Press
Publication
May 2017
Format
Hardback
Jurisdiction
U.S. ? Countri(es) for reference only

Details

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 law. It argues that this Court has consistently used First Amendment law to promote a limited view of freedom, while bolstering social and political stability.

This book examines every decision about expressive freedom the Supreme Court handed down between Chief Justice Roberts' ascent in September 2005 and Justice Scalia's death in February 2016. During Chief Justice Roberts' tenure, the Court has issued more than forty decisions that interpret the First Amendment's speech protections. These decisions comprise one of the most important parts of this Court's record and legacy while inspiring sharply divergent judgments.

The author explores many of the key recurring debates in First Amendment law as well as providing much needed attention on the special problems of the government preserve cases and the high stakes of the electoral process cases.

Table of Contents

Acknowledgments
Introduction

PART I: PRIVATE SPEECH
Chapter One
The Marrow of Tradition: Categorical Exclusions from First Amendment Protection
Chapter Two
Fair and Balanced: Regulations of Political Dissent and Commercial Profit

PART II: SPEECH IN GOVERNMENT PRESERVES
Chapter Three
My House, My Rules: Strengthening Government Managers' Control Over Institutional Speech
Chapter Four
Speakers, Cornered: Weakening the Public Forum
Chapter Five
There's Always a Catch: Speech-Restrictive Conditions on Government Funding

PART III: SPEECH IN THE ELECTORAL PROCESS
Chapter Six
Of Parties and Petitions: Regulations of Election Procedures
Chapter Seven
Letting Money into Elections: Citizens United and McCutcheon
Chapter Eight
Keeping Money Out of Elections: Government Leveling and Labor Speech
Chapter Nine
Managed Speech and Beyond: Confronting the Roberts Court's First Amendment

APPENDIX:
ROBERTS COURT FREE SPEECH DECISIONS AND HOLDINGS
Index
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