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Free Speech Beyond Words: The Surprising Reach of the First Amendment
Hardcover
ISBN13: 9781479880287
Publisher: New York Univ Pr
Published: Feb 14 2017
Pages: 272
Weight: 1.20
Height: 1.10 Width: 6.30 Depth: 9.70
Language: English
A look at First Amendment coverage of music, non-representational art, and nonsense
The Supreme Court has unanimously held that Jackson Pollock's paintings, Arnold Schöenberg's music, and Lewis Carroll's poem Jabberwocky are unquestionably shielded by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting the freedom of speech, even though none involves what we typically think of as speech--the use of words to convey meaning.Comprehensive and compelling, this book represents a sustained effort to account, constitutionally, for these modes of speech. While it is firmly centered in debates about First Amendment issues, it addresses them in a novel way, using subject matter that is uniquely well suited to the task, and whose constitutional salience has been under-explored. Drawing on existing legal doctrine, aesthetics, and analytical philosophy, three celebrated law scholars show us how and why speech beyond words should be fundamental to our understanding of the First Amendment.
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