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The Rhetorical Structure of Freedom of Speech

Authors: Ira L. Strauber;

The Rhetorical Structure of Freedom of Speech

Abstract

A theory of the First Amendment guarantee of free speech has long teased and tormented students of American jurisprudence. They have been confronted by a dilemma: how can a right be absolute and also be limited? This article argues that philosophical attempts to resolve this dilemma obscure rather than clarify the practical political significance of freedom of speech, because they disengage from politics by treating standards of meaning and significance as more important than ordinary speech and action. The author offers instead a rhetorical approach to the freedom of speech. He argues that analysis should focus on legal reasoning and on how ideological conventions structure arguments about interests and rights in the context of specific cases.

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    16
    popularity
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    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
16
Average
Top 10%
Average
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