Free Speech Beyond Words

Mark V. Tushnet is William Nelson Cromwell Professor of Law at Harvard University and the author of Why the Constitution Matters.Alan K. Chen is William M. Beaney Memorial Research Chair & Professor of Law at the University of Denver Sturm College of Law. He is the co-author of Public Interest Lawyering: A Contemporary Perspective.Joseph Blocher is Professor of Law at Duke University School of Law.

"For someone who does have a deep and abiding interest in [the subject of free speech], or even an interest in the First Amendment in general, this very detailed, well-reasoned work would be an invaluable resource." (Journal of Intellectual and Freedom Privacy) "Free Speech Beyond Words is a deep dive into the First Amendments reach. [It] is rewarding in its meticulous method of analysis. First Amendment scholars will want it as a valuable resource." (Journalism and Mass Communication Quarterly) "This is a valuable introduction to a field that will become only more significant with the development of new media, such as virtual reality and digital mapping, that could merit First Amendment protection." (Publishers Weekly) "The authors of Free Speech Beyond Words turn to other forms of expression that are not literally speech in order to discern some stopping point to prevent tagging everything as speech. [One] lesson to be gleaned from this fine book is that a vibrant First Amendment culture requires a demanding degree of open-mindedness." (Political Science Quarterly) ""This thoughtful book takes on the topic of First Amendment coverage of three under-theorized kinds of content: music, non-representational art and nonsense. Even though most everyone assumes these kinds of content are covered by the First Amendment, why should that be so? The book's authors, in the course of addressing many interesting examples, persuasively articulate their doctrinal, philosophical, aesthetic and linguistic approaches to justify such coverage. They thus make important contributions to First Amendment jurisprudence. I confess I am personally very interested in their important project: it has been thirty years since my Wisconsin Law Review article--which they are kind enough to cite--explored the First Amendment and aesthetic justifications for covering non-representational art. I recommend this well-written book not only to First Amendment scholars but to everyone interested in the First Amendment."" - Sheldon Nahmod,University Distinguished Professor, IIT Chicago-Kent College of Law "Free Speech Beyond Words is a genuine intellectual feast. By its serious consideration of topics at the periphery of most analyses of the First Amendment, such as abstract art or nonsensical speech, it provides deeply illuminating analyses of the wherefores and whys of protecting expression against governmental regulation. In addition, perhaps because of the topics, the essays are simply fun to read as well." - Sanford Levinson,author of An Argument Open to All: Reading the Federalist in the 21st Century "Most people assume that the First Amendment protects art and music even when they have nothing to do with politics or public issues, and even when they don't use words. Explaining why is another matter. This gem of a book takes us deep into theories of free expression to answer a question that is far more difficult than it first appears." - Jack Balkin,Yale Law School