First Amendment Institutions PDF
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First Amendment Institutions First Amendment Institutions Paul Horw itz h a r v a r d u n i v e r s i t y p r e s s Cambridge, Massachusetts, and London, England 2013 Copyright © 2013 by the President and Fellows of Harvard College all rights reserved Printed in the United States of America Library of Congress Cataloging-in-Publication Data Horwitz, Paul. First Amendment institutions / Paul Horwitz. p. cm. Includes bibliographical references and index. ISBN 978-0-674-05541-4 (alk. paper) 1. United States. Constitution. 1st Amendment. 2. Freedom of speech—United States. 3. Freedom of the press—United States. 4. Freedom of religion— United States. 5. Assembly, Right of—United States. I. Title. KF4770.H67 2012 323.440973—dc23 2012012114 To Kelly Contents Acknowledgments xi Introduction 1 Part One: From Acontextuality to Institutionalism 1. The Conventional First Amendment 27 2. The Lures and Snares of Acontextuality 42 3. Taking the Institutional Turn 68 4. Institutions and Institutionalism 80 Part Two: First Amendment Institutions in Practice 5. Where Ideas Begin: Universities and Schools 107 6. Where Information Is Gathered: The Press, Old and New 144 7. Where Souls Are Saved: Churches 174 8. Where Ideas Reside: Libraries 194 9. Where People and Ideas Meet: Associations 211 10. The Borderlands of Institutionalism 239 contents Part Three: Problems and Prospects 11. Critiques of First Amendment Institutionalism 261 12. Institutionalism Beyond The First Amendment? 280 Notes 293 Index 361 [ viii ] Then came the churches Then came the schools Then came the lawyers Then came the rules Dire Straits, Telegraph Road
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