Towards an Institutional First Amendment

28 Pages Posted: 12 May 2005

See all articles by Frederick Schauer

Frederick Schauer

University of Virginia School of Law

Multiple version iconThere are 2 versions of this paper

Date Written: February 2005

Abstract

First Amendment doctrine has traditionally been carved along conceptual rather than institutional lines. Legal categories like "public forum," "content-neutral," and "defamation" have dominated the doctrine, with the general understanding being that it was the nature of the speech or the nature of the restriction that determined protection, as opposed to the nature of some institution in which communication or its restriction took place. First Amendment doctrine has been reluctant to take much notice of pre-legal institutional categories, such as "press," "universities," and "libraries," but allowing the increased use of such institutional realities in the design of First Amendment doctrine may well produce a First Amendment doctrine with far fewer anomalies and much greater utility.

Keywords: Law and Legal Institutions

Suggested Citation

Schauer, Frederick, Towards an Institutional First Amendment (February 2005). KSG Working Paper No. RWP05-020. Available at SSRN: https://ssrn.com/abstract=722643 or http://dx.doi.org/10.2139/ssrn.722643

Frederick Schauer (Contact Author)

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States
434-924-6777 (Phone)

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