Free Speech Beyond Words

Free Speech Beyond Words
Author :
Publisher : NYU Press
Total Pages : 269
Release :
ISBN-10 : 9781479805518
ISBN-13 : 1479805513
Rating : 4/5 (513 Downloads)

Book Synopsis Free Speech Beyond Words by : Mark V. Tushnet

Download or read book Free Speech Beyond Words written by Mark V. Tushnet and published by NYU Press. This book was released on 2020-02-15 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: A look at First Amendment coverage of music, non-representational art, and nonsense The Supreme Court has unanimously held that Jackson Pollock’s paintings, Arnold Schöenberg’s music, and Lewis Carroll’s poem “Jabberwocky” are “unquestionably shielded” by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting “the freedom of speech,” even though none involves what we typically think of as speech—the use of words to convey meaning. As a legal matter, the Court’s conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities and limitations of law and expression. Nonrepresentational art, instrumental music, and nonsense do not employ language in any traditional sense, and sometimes do not even involve the transmission of articulable ideas. How, then, can they be treated as “speech” for constitutional purposes? What does the difficulty of that question suggest for First Amendment law and theory? And can law resolve such inquiries without relying on aesthetics, ethics, and philosophy? Comprehensive and compelling, this book represents a sustained effort to account, constitutionally, for these modes of “speech.” While it is firmly centered in debates about First Amendment issues, it addresses them in a novel way, using subject matter that is uniquely well suited to the task, and whose constitutional salience has been under-explored. Drawing on existing legal doctrine, aesthetics, and analytical philosophy, three celebrated law scholars show us how and why speech beyond words should be fundamental to our understanding of the First Amendment.


Free Speech Beyond Words Related Books

Free Speech Beyond Words
Language: en
Pages: 269
Authors: Mark V. Tushnet
Categories: Law
Type: BOOK - Published: 2020-02-15 - Publisher: NYU Press

GET EBOOK

A look at First Amendment coverage of music, non-representational art, and nonsense The Supreme Court has unanimously held that Jackson Pollock’s paintings, A
There's No Such Thing As Free Speech
Language: en
Pages: 345
Authors: Stanley Fish
Categories: Literary Criticism
Type: BOOK - Published: 1994-12-15 - Publisher: Oxford University Press

GET EBOOK

In an era when much of what passes for debate is merely moral posturing--traditional family values versus the cultural elite, free speech versus censorship--or
Dare to Speak
Language: en
Pages: 248
Authors: Suzanne Nossel
Categories: Philosophy
Type: BOOK - Published: 2020-07-28 - Publisher: HarperCollins

GET EBOOK

"A must read."—Margaret Atwood A vital, necessary playbook for navigating and defending free speech today by the CEO of PEN America, Dare To Speak provides a
Free Speech
Language: en
Pages: 701
Authors: Timothy Garton Ash
Categories: Political Science
Type: BOOK - Published: 2016-05-24 - Publisher: Yale University Press

GET EBOOK

Never in human history was there such a chance for freedom of expression. If we have Internet access, any one of us can publish almost anything we like and pote
Free Speech on Campus
Language: en
Pages: 216
Authors: Erwin Chemerinsky
Categories: Political Science
Type: BOOK - Published: 2017-09-12 - Publisher: Yale University Press

GET EBOOK

Can free speech coexist with an inclusive campus environment? Hardly a week goes by without another controversy over free speech on college campuses. On one sid