04219oam 22007934a 450 991015622070332120221208231856.01-4798-3069-010.18574/9781479830695(CKB)3710000000985176(MiAaPQ)EBC4500703(DE-B1597)547117(DE-B1597)9781479830695(OCoLC)967268687(MdBmJHUP)muse86907(EXLCZ)99371000000098517620161123d2017 uy 0engurcnu||||||||rdacontentrdamediardacarrierFree Speech Beyond WordsThe Surprising Reach of the First Amendment /Mark V. Tushnet, Alan K. Chen, and Joseph BlocherNew YorkNew York University Press2017Baltimore, Md. :Project MUSE,2021©20171 online resource (200 pages)1-4798-8028-0 Includes bibliographical references and index.Going further: additional problems and concluding thoughtsNonsense and the freedom of speech: what meaning means for the First AmendmentArt and the First AmendmentInstrumental music and the First Amendment"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."--Publisher's website.Freedom of speechfast(OCoLC)fst00934044RechtsprechunggndKomikgndAbstrakte KunstgndMusikgndRedefreiheitgndVerfassunggndLawIntellectual PropertyCopyrightLawConstitutionalFreedom of speechUnited StatesFreedom of speechCross-cultural studiesUnited StatesfastUSAgndCross-cultural studiesFreedom of speechRechtsprechungKomikAbstrakte KunstMusikRedefreiheitVerfassungLawIntellectual PropertyCopyright.LawConstitutional.Freedom of speechFreedom of speechCross-cultural studies.332.44/3Tushnet Mark V1945-aut262598Blocher Josephca. 20./21. Jh.autChen AlanautMdBmJHUPMdBmJHUPBOOK9910156220703321Free Speech Beyond Words2890415UNINA