Re-ordering the first amendment
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By m hart — neuborne begins his book by explaining why. “[r] eading the first amendment isn't easy” (page 5). he notes, quite correctly, that the current interpretive.
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BOOK REVIEWIn Madison’s Music: On Reading the First Amendment, Burt Neuborne, the Inez Milholland Professor of Civil Liberties and the founding legal director of the Brennan Center for Justice at NYU Law School, has set out a vision of the First Amendment that is democratic, inclusive, and aspirational. The First Amendment, he argues, should be understood as a “chronologically organized blueprint of democ-racy in action” (page 18). After making a case for this reading, Neuborne’s engaging book sets out an array of ways that the Supreme Court’s First Amendment jurisprudence would be different if the justices recognized these democratic underpinnings. HOW TO INTERPRET THE FIRST AMENDMENTNeuborne begins his book by explaining why “[r] eading the First Amendment isn’t easy” (page 5). He notes, quite correctly, that the current interpretive approaches to the Constitution — whether focused on text, history, or purpose — are ultimately unsatisfying. The words of the First Amendment, for examp...
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