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The Resource Free speech beyond words : the surprising reach of the First Amendment, Mark V. Tushnet, Alan K. Chen, and Joseph Blocher

Free speech beyond words : the surprising reach of the First Amendment, Mark V. Tushnet, Alan K. Chen, and Joseph Blocher

Creator
Author
Contributor
Summary
"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. As a legal matter, the Court's conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities and limitations of law and expression. Nonrepresentational art, instrumental music, and nonsense do not employ language in any traditional sense, and sometimes do not even involve the transmission of articulable ideas. How, then, can they be treated as 'speech' for constitutional purposes? What does the difficulty of that question suggest for First Amendment law and theory? And can law resolve such inquiries without relying on aesthetics, ethics, and philosophy? 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"--
Language
eng
Work
Publication
Extent
vii, 261 pages
Contents
  • Instrumental music and the First Amendment
  • Art and the First Amendment
  • Nonsense and the Freedom of Speech : what meaning means for the First Amendment
  • Going further : additional problems and concluding thoughts
Isbn
9781479880287
Instance
Label
Free speech beyond words : the surprising reach of the First Amendment
Title
Free speech beyond words
Title remainder
the surprising reach of the First Amendment
Statement of responsibility
Mark V. Tushnet, Alan K. Chen, and Joseph Blocher
Creator
Contributor
Author
Subject
Genre
Language
eng
Summary
"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. As a legal matter, the Court's conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities and limitations of law and expression. Nonrepresentational art, instrumental music, and nonsense do not employ language in any traditional sense, and sometimes do not even involve the transmission of articulable ideas. How, then, can they be treated as 'speech' for constitutional purposes? What does the difficulty of that question suggest for First Amendment law and theory? And can law resolve such inquiries without relying on aesthetics, ethics, and philosophy? 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"--
Assigning source
Publisher's website
Cataloging source
YDXCP
http://library.link/vocab/creatorDate
1945-
http://library.link/vocab/creatorName
Tushnet, Mark V.
Dewey number
342.7308/53
Illustrations
illustrations
Index
index present
LC call number
  • K3254
  • KF4772
LC item number
  • .T87 2017
  • .T87 2017
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/relatedWorkOrContributorName
  • Chen, Alan
  • Blocher, Joseph
http://library.link/vocab/subjectName
  • United States.
  • Freedom of speech
  • Freedom of speech
  • LAW
  • LAW
  • Freedom of speech
  • United States
  • 86.52 civil rights
  • United States
  • United States
  • Abstrakte Kunst
  • Komik
  • Musik
  • Rechtsprechung
  • Redefreiheit
  • Verfassung
  • USA
Label
Free speech beyond words : the surprising reach of the First Amendment, Mark V. Tushnet, Alan K. Chen, and Joseph Blocher
Instantiates
Publication
Copyright
Bibliography note
Includes bibliographical references (pages 237-253) and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
Instrumental music and the First Amendment -- Art and the First Amendment -- Nonsense and the Freedom of Speech : what meaning means for the First Amendment -- Going further : additional problems and concluding thoughts
Control code
ocn946161367
Dimensions
24 cm
Extent
vii, 261 pages
Isbn
9781479880287
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Other physical details
illustrations
System control number
  • (Sirsi) i9781479880287
  • (OCoLC)946161367
Label
Free speech beyond words : the surprising reach of the First Amendment, Mark V. Tushnet, Alan K. Chen, and Joseph Blocher
Publication
Copyright
Bibliography note
Includes bibliographical references (pages 237-253) and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
Instrumental music and the First Amendment -- Art and the First Amendment -- Nonsense and the Freedom of Speech : what meaning means for the First Amendment -- Going further : additional problems and concluding thoughts
Control code
ocn946161367
Dimensions
24 cm
Extent
vii, 261 pages
Isbn
9781479880287
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Other physical details
illustrations
System control number
  • (Sirsi) i9781479880287
  • (OCoLC)946161367

Subject

Genre

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