Eloquence and Reason: Creating a First Amendment Culture - download pdf or read online

By Robert L. Tsai

ISBN-10: 030011723X

ISBN-13: 9780300117233

This provocative publication provides a thought of the 1st Amendment’s improvement. in the course of the 20th century, american citizens won belief in its commitments, became the 1st modification into an device for social growth, and exercised their rhetorical freedom to create a standard language of rights. Robert L. Tsai explains that the promises of the 1st modification became a part of a governing tradition and national precedence. studying the rhetorical strategies of activists, presidents, and legal professionals, he illustrates how devoted voters search to advertise or destabilize a convergence in constitutional principles. Eloquence and cause unearths the social and institutional methods by which foundational rules are generated and defends a cultural position for the courts.

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Sample text

All manner of metaphor appear in the law, but only certain ones acquire regime-building significance. Discerning the peculiarities of second-order metaphor does not diminish its value to the law but instead locates it more solidly within institutional dynamics. Doing so also observes an elementary distinction between popular culture (the domain of everyday utterances, privately generated ideas) and legal culture (a realm in which even informal practices make claims of authority). The processes of constitutional language and ordinary language interface at crucial points, but their domains are not coterminous.

3. 4. The First Amendment is preservative of other rights. Maximizing the quantity of speech perfects deliberative democracy. A free society is measured by its tolerance of dissent. Freedom of speech aids the pursuit of knowledge and truth. 16 Freedom as a Matter of Faith 5. Expressive liberty aids the perfection of the human. 6. Government should be agnostic toward one’s perspective. 7. The right to speak is meaningless unless it includes some capacity to formulate an idea and deliver it with a reasonable opportunity for success.

As one prominent example of metaphor as a microsystem of political thought, take Justice Antonin Scalia’s ‘‘culture war’’ metaphor, unleashed first in Romer v. Evans and later recycled to great effect in Lawrence v. Texas. In 1992, the people of the State of Colorado approved an amendment to the state constitution that barred the extension of legal protections to individuals on the basis of sexual orientation. The Romer Court overturned the measure as a violation of the equality principle that prevents the creation of a class of permanent outcasts.

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Eloquence and Reason: Creating a First Amendment Culture by Robert L. Tsai


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