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Free Speech On Trial
Communication Perspectives on Landmark Supreme Court Decisions
Edited by Richard A. Parker
University of Alabama Press, 2008

Describes landmark free speech decisions of the Supreme Court while highlighting the issues of language, rhetoric, and communication that underlie them.

At the intersection of communication and First Amendment law reside two significant questions: What is the speech we ought to protect, and why should we protect it? The 20 scholars of legal communication whose essays are gathered in this volume propose various answers to these questions, but their essays share an abiding concern with a constitutional guarantee of free speech and its symbiotic relationship with communication practices.

Free Speech on Trial fills a gap between textbooks that summarize First Amendment law and books that analyze case law and legal theory. These essays explore questions regarding the significance of unregulated speech in a marketplace of goods and ideas, the limits of offensive language and obscenity as expression, the power of symbols, and consequences of restraint prior to publication versus the subsequent punishment of sources. As one example, Craig Smith cites Buckley vs. Valeo to examine how the context of corruption in the 1974 elections shaped the Court's view of the constitutionality of campaign contributions and expenditures.

Collectively, the essays in this volume suggest that the life of free speech law is communication. The contributors reveal how the Court's free speech opinions constitute discursive performances that fashion, deconstruct, and reformulate the contours and parameters of the Constitution’s guarantee of free expression and that, ultimately, reconstitute our government, our culture, and our society.

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“Here, the People Rule”
A Constitutional Populist Manifesto
Richard D. Parker
Harvard University Press, 1994

Democracy—its aspirations, its dangers—is what, most fundamentally, our Constitution is about. The question, Richard Parker argues in this powerful book, is how to imagine our democracy. Provocative in style and substance, this manifesto challenges orthodoxies of constitutional legal studies, particularly the idea that constitutionalism and populist democracy stand opposed. Parker presents a populist argument. He contends that the mission of constitutional law should be to promote, not limit, the expression of ordinary political energy—thus to extend, rather than constrain, majority rule.

At the root of the matter, Parker finds a question of “sensibility”—assumptions and attitudes about the political energy of ordinary people. He approaches this sensibility in a novel way, through a work of fiction about politics, Thomas Mann’s Mario and the Magician. Offering two “takes” on the story, Parker shows how it evokes—and elucidates—our deepest, most problematic attitudes about popular political energy in our own democracy. He goes on to elaborate these attitudes within our practice of constitutional argument. This is a book about the people, and for the people, a reimagination of constitutional law’s populist potential. It will disorient—then reorient—the thinking of everyone who is concerned about democracy and the Constitution.

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John Kenneth Galbraith
His Life, His Politics, His Economics
Richard Parker
University of Chicago Press, 2006

John Kenneth Galbraith (1908-2006) was one of America’s most famous economists for good reason. From his acerbic analysis of America’s “private wealth and public squalor” to his denunciation of the wars in Vietnam and Iraq, Galbraith consistently challenged “conventional wisdom” (a phrase he coined). He did so as a witty commentator on America’s political follies and as a versatile author of bestselling books—such as The Affluent Society and The New Industrial State—that warn of the dangers of deregulated markets, corporate greed, and inattention to the costs of our military power. Here, in the first full-length biography of Galbraith and his times, Richard Parker provides not only a nuanced portrait of this extraordinary man, but also an important reinterpretation of twentieth-century public policy and economic practices.

“Whatever you may think of his ideas, John Kenneth Galbraith has led an extraordinary life. . . . Doing justice to this life story requires an outsize biography, one that not only tells Mr. Galbraith’s tale but sets it on the broader canvas of America’s political and economic evolution. And Richard Parker’s book does just that.”—Economist

“Parker’s book is more than a chronicle of Galbraith’s life; it’s a history of American politics and policy from FDR through George W. Bush. . . . It will make readers more economically and politically aware.”—USA Today

 “The most readable and instructive biography of the century.”—William F. Buckley, National Review

      

“The story of this man’s life and work is wonderfully rendered in this magnum opus, and offers an antidote to the public ennui, economic cruelty, and government malfeasance that poison life in America today.”—James Carroll, Boston Globe

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