First Amendment Institutions

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Harvard University Press, Dec 19, 2012 - Law - 382 pages
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Addressing a host of hot-button issues, Horwitz argues that rigidly doctrinal interpretation renders First Amendment law inept in the face of messy, real-world situations. Courts should let institutions with a stake in these freedoms do more work to enforce them. Self-regulation and public criticism should be the key restraints, not judicial fiat.
 

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Contents

Acknowledgments
FROM ACONTEXTUALITY TO INSTITUTIONALISM
FIRST AMENDMENT INSTITUTIONS INPRACTICE
The Borderlands of Institutionalism
PROBLEMS AND PROSPECTS 11 Critiquesof FirstAmendment Institutionalism 12 Institutionalism Beyond The First Amendment?
Index
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