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Free Speech Beyond Words

Condition: BRAND NEW ISBN: 9781479880287 Author(s): Mark V. Tushnet Format: Hardcover Year: 2016 Publisher: New York University Press Dimensions: 3887 x 19 x 5817 (w x l x h) Pages: 272

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Description: An explanation of how nonrepresentational art, instrumental music, and nonsense are protected by the First Amendment The Supreme Court has unanimously held that Jackson Pollock's paintings, Arnold Schoenberg'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 suite