Managed speech: the Roberts Court's First Amendment

"This book comprehensively explores and critiques how the current U.S. Supreme Court, under the leadership of Chief Justice John Roberts, has reshaped First Amendment free speech law. The book argues that the Roberts Court's First Amendment decisions consistently conform to a version of expressive freedom that the author calls "managed speech," providing limited protection for expressive autonomy while bolstering social and political stability. The book critiques managed speech and advocates a contrasting vision of constitutional speech protection called "dynamic diversity," which aims to broaden the range of ideas and participants in public discussion. The book examines every one of the more than forty decisions about expressive freedom that the Supreme Court handed down between Chief Justice Roberts' ascent in September 2005 and Justice Scalia's death in February 2016. These decisions comprise one of the most important, controversial parts of the Roberts Court's record and legacy. The author explores key recurring debates in First Amendment law across three categories of free speech problems: regulations of private speech; restrictions on speech that involves government institutional subjects, government property, or government funding, which the author calls "government preserves"; and regulations of speech in the electoral process."--Oxford Scholarship Online.

Introduction -- Part one. Private speech. The marrow of tradition : categorical exclusions from First Amendment protection -- Fair and balanced : regulations of political dissent and commercial profit -- Part two. Speech in government preserves. My house, my rules : strengthening government managers' control over institutional speech -- Speakers, cornered : weakening the public forum -- There's always a catch : speech-restrictive conditions on government funding -- Part three. Speech in the electoral process. Of parties and petitions : regulations of election procedures -- Letting money into elections : Citizens United and McCutcheon -- Keeping money out of elections : government leveling and labor speech -- Managed speech and beyond : confronting the Roberts Court's First Amendment -- Appendix. Roberts Court free speech decisions and holdings.