On Traditionalism in Free Speech Law

51 Pages Posted: 1 May 2023

See all articles by R. George Wright

R. George Wright

Indiana University Robert H. McKinney School of Law

Date Written: April 22, 2023

Abstract

This Article contrasts constitutional traditionalism, and free speech traditionalism in particular, with what might be called constitutional and free speech purposivism. The overall preferability of purposivism to traditionalism in these contexts is explored and developed below. The comparison between traditionalism and purposivism involves, first, a critical exposition of the scholarly defense of traditionalist constitutional methodologies. This exposition is followed by a critique of the Supreme Court’s use of traditionalism in free speech contexts, and then by an elaboration of the relative deficiencies of traditionalism in some important public forum speech cases in particular. A brief Conclusion then follows.

Keywords: free speech, traditionalism, purposivism,

JEL Classification: K10, K30

Suggested Citation

Wright, R. George, On Traditionalism in Free Speech Law (April 22, 2023). Available at SSRN: https://ssrn.com/abstract=4426245 or http://dx.doi.org/10.2139/ssrn.4426245

R. George Wright (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States

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