First Amendment Institutions

383 Pages·2013·1.6 MB·English

by  Paul Horwitz

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