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Thursday, May 16, 2013

First Amendment Institutions in the Law and Politics Book Review

My most recent book, First Amendment Institutions (it makes a good Victoria Day gift!), is reviewed in the latest issue of the Law and Politics Book Review by law professor Ruthann Robson. It's a tough but fair review. I welcome the criticism, and hope I may be forgiven for cherry-picking a couple of generous lines: the book "provides the most sustained, nuanced, and well-reasoned argument for an 'institutional turn' in First Amendment jurisprudence," and "admirably achieves" the goal of "open[ing] a conversation about First Amendment institutionalism, . . . providing a book that is worth reading, considering, and debating." Obviously, I hope people will read and even buy the book, and take part in that conversation. But it's very much meant to be a conversation, and Robson's criticisms are a valuable part of that. Read the whole review (and the book, of course!).   

Posted by Paul Horwitz on May 16, 2013 at 08:00 AM in Paul Horwitz | Permalink


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Allow me to add my accolades. I'm working on a book about corporations and the First Amendment (tentatively and creatively entitled, "Corporations and the First Amendment") and found Paul's book First Amendment Institutions to be a most valuable resource. I particularly appreciated his thoughtful treatment of freedom of association, along with his thoroughly correct insight (IMHO) that associations can be "formative" to their members even if not "expressive" as that term has traditionally been understood in First Amendment jurisprudence. Although Paul is certainly more skeptical of corporate First Amendment rights than I am, if I read him correctly, he too rejects Justice O'Connor's division of all entities into the categories "commercial" versus "non-commercial" for First Amendment purposes as unduly simplistic.

Posted by: Ron Colombo | May 16, 2013 10:17:31 AM

That's interesting. I was rankled by everything in the book except the chapter on "Where Souls Are Saved."

Posted by: Marc DeGirolami | May 16, 2013 10:29:20 AM

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