Managed Speech: The Roberts Court's First Amendment

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en Limba Engleză Carte Hardback – 26 Apr 2017
Our constitutional freedom to speak out against government and corporate power is always fragile, but today it faces unprecedented hazards. In Managed Speech: The Roberts Court's First Amendment, leading First Amendment scholar, Gregory Magarian, explores and critiques how the present U.S. Supreme Court, led by Chief Justice John Roberts, has reshaped and degraded the law of expressive freedom.

This timely book shows how the Roberts Court's free speech decisions embody a version of expressive freedom that Professor Magarian calls "managed speech." Managed speech empowers stable, responsible institutions, both government and private, to manage public discussion; disfavors First Amendment claims from social and political outsiders; and, above all, promotes social and political stability. Professor Magarian examines all of the more than forty free speech decisions the Supreme Court handed down between Chief Justice Roberts' ascent in 2005 and Justice Antonin Scalia's death in 2016. Those decisions, taken together, aggressively advance stability at a steep cost to robust public debate.

Professor Magarian proposes a theoretical alternative to managed speech, one that would aim to increase the range of ideas and voices in public discussion: "dynamic diversity." A First Amendment doctrine based on dynamic diversity would prioritize political dissent and the rights of journalists, allow for reasonable regulations of money in politics, and work to broaden opportunities for speakers to be heard. This book offers a fresh, critical perspective on the crucial question of what the First Amendment should mean and do.

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ISBN-13: 9780190466794
ISBN-10: 0190466790
Pagini: 296
Dimensiuni: 164 x 242 x 26 mm
Greutate: 0.51 kg
Editura: Oxford University Press
Colecția OUP USA
Locul publicării: New York, United States


Gregory Magarian accomplishes a rare feat by providing a valuable new framework and vocabulary for understanding the Supreme Court's recent First Amendment decisions. This volume offers a heartening glimpse of a future where speech protections embrace a diversity of voices and foster the dynamic change that is the lifeblood of a healthy, modern democracy. Powerful and deftly argued, Managed Speech is both a commentary on the current political moment and aroadmap for reinvigorating the First Amendment.
Professor Magarian provides a terrific discussion of the freedom of speech decisions of the first decade of the John Roberts Court. This beautifully written, nuanced book shows how the Court in recent years has expanded some protections for expression, but restricted others. Professor Magarian uses his discussion of these cases to advance a new theory of freedom of speech - dynamic diversity - which could provide for more robust protection of speech in the yearsahead. The book manages to be thorough and descriptive while also being wonderfully critical and prescriptive.
In this powerful book, Gregory Magarian explores and critiques a central element of the Roberts Court's constitutional jurisprudence: its frequent and significant engagement with the First Amendment. Contrasting the Roberts Courts 'managed speech' approach with a compelling alternative he calls 'dynamic diversity', Magarian simultaneously explains and unsettles contemporary free speech doctrine. Managed Speech should be a standard reference for anyoneseeking to understand or evaluate the modern First Amendment.
Managed Speech is a creative, original, and incisive exploration of how the Roberts Court has navigated the complex landscape of modern free speech law, comparing and contrasting rulings in such arenas as various and different as private speech, government funded speech, and speech in government preserves.

Notă biografică

Gregory P. Magarian is Professor of Law at Washington University in St. Louis. He teaches and writes about U.S. constitutional law, with a focus on the First Amendment freedom of expression. His work also explores law and religion, gun regulation, and the law of politics. He has published widely in leading law journals, and he has taught and lectured around the world. Professor Magarian received his B.A. summa cum laude from Yale and hisJ.D. magna cum laude, as well as a master's degree in public policy, from the University of Michigan. He served as a judicial clerk, first for Judge Louis Oberdorfer of the U.S. District Court for the District of Columbia, then for Justice John Paul Stevens of the U.S. Supreme Court. He practiced law at Jenner and Block inWashington, D.C. and taught at Villanova University before joining the Washington University faculty in 2008. He lives in St. Louis with his wife and daughter.