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Sunday, November 25, 2012

NOW AVAILABLE: First Amendment Institutions

I'm proud to announce that according to Amazon my new book, First Amendment Institutions, is now in stock and available for purchase. (It has a listed publication date of January 2013 but the books are already starting to ship.) Here is the link to the catalogue page from the publisher, Harvard University Press. 

Although the book offers a fairly full and detailed argument for and description of First Amendment institutionalism, and applies it in a wide range of cases, it is still very much an attempt to begin a conversation about its ideas, not to present itself as the last word on the subject. Moreover, the book draws connections between First Amendment institutionalism and other developments in legal and constitutional theory, and thus may be of interest to folks other than students of the First Amendment.

Still, the First Amendment is its focus, and I hope that it will be worth reading by those interested in at least the following current issues: 1) the contraception mandate; 2) the pending university admissions case, Fisher; 3) cases like the recent University of Iowa law school discrimination suit; 4) recent decisions like CLS and Hosanna-Tabor; 5) government speech doctrine; 6) the public-private distinction; 7) unconstitutional conditions doctrine; 8) New Governance, constitutional experimentalism, and/or New Legal Realism; and, of course, 9) Niklas Luhmann. There is also a basic chapter on First Amendment theory and doctrine that law students taking a basic con law or First Amendment course might find useful as a short practical introduction to the field.

If I may, here are the blurbs for the book:

“As the world becomes more socially, industrially, governmentally, and technologically complex, it is increasingly implausible to imagine the protections of freedom of speech and press applying in exactly the same way in all contexts. An important dimension of the First Amendment is institutional competence. Which institutions should be trusted to make which kinds of content-based determinations of what is or is not said, or published? Paul Horwitz sets out the case for an institutional perspective on the First Amendment with careful argument, admirable balance, and meticulous scholarship.”—Frederick Schauer, University of Virginia

“In this comprehensive and original analysis of the First Amendment’s multifaceted applications,Paul Horwitz deftly argues that constitutional law should take institutions and their variety into account—libraries, newspapers, churches, and beyond. This book opens new lines of discussion and criticism for a new generation of scholars.”—Mark Tushnet, Harvard University

I'm glad it's out and hope it will provoke some useful and interesting discussions. Doubtless I'll keep promoting it from time to time, while trying not to go overboard. In the meantime, enjoy. P.S.: It makes a fine Christmas or Hannukah present!



Posted by Paul Horwitz on November 25, 2012 at 12:09 PM in Paul Horwitz | Permalink


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That's all anyone can ask, Orin.

Posted by: Paul Horwitz | Nov 26, 2012 10:03:57 PM

Congrats, Paul. I look forward to not reading it but trying to fake it if I happen to see you.

Posted by: Orin Kerr | Nov 26, 2012 9:56:44 PM

mazal tov Paul - looking forward to reading it!

Posted by: orly lobel | Nov 26, 2012 5:07:35 PM

Is it "resolved" in the book? No. But it is discussed! It's fair to say I'm much closer to Prof. West's position than Prof. Volokh's.

Posted by: Paul Horwitz | Nov 26, 2012 8:38:23 AM

is the issue of distinctions between the Speech Clause and the Press Clause resolved? It isn't referenced in the post. I have in mind Prof. Sonja West's 2011 article and Prof. Eugene Volokh's subsequent in depth article.

Posted by: Shag from Brookline | Nov 25, 2012 8:27:36 PM

Congratulations Paul, I look forward to reading it.

Posted by: Patrick S. O'Donnell | Nov 25, 2012 7:39:47 PM

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