No Escape : Freedom of Speech and the Paradox of Rights

by Passavant, Paul

• ISBN13: 9780814766958
• ISBN10: 0814766951
• eBook ISBN(s): 9780814768358
• Format: Hardcover
• Copyright: 2002-12-01
• Publisher: New York University Press

Summary

This is a thought-provoking and well-written book.-American Political Science Association"Passavant's argument depends on stablising a paradoxical tension between two principles conventionally involved in an adversary relationship."-Journal of American Studies"Passavant challenges the dichotomous approach to the relationship between liberalism and communitarianism. Overall,No Escapeoffers new insight on the relationship by critcally delving into historical events, sociopolitics, and legal developments. It challenges the conventional wisdom regarding the inherent confloict between expanding liberal rights while embracing communitarian values. Some readers will find considerable value in his judiciously documented and forceful argument."-The law and Politics Book ReviewConventional legal and political scholarship places liberalism, which promotes and defends individual legal rights, in direct opposition to communitarianism, which focuses on the greater good of the social group. According to this mode of thought, liberals value legal rights for precisely the same resason that communitarians seek to limit their scope: they privilege the individual over the community. However, could it be that liberalism is not antithetical to social group identities like nationalism as is traditionally understood? Is it possible that those who assert liberal rights might even strengthen aspects of nationalism?No Escapeargues that this is exactly the case, beginning with the observation that, paradoxical as it might seem, liberalism and nationalism have historically coincided in the United States.No Escapeproves that liberal government and nationalism can mutually reinforce each other, taking as its example a preeminent and seemingly universal liberal legal right, freedom of speech, and illustrating how it can function in a way that actually reproduces nationally exclusive conditions of power.No Escapeboldly re-evaluates the relationship between liberal rights and the community at a time when the call has gone out for the nation to defend the freedom to live our way of life. Passavant challenges us to reconsider traditional modes of thought, providing a fresh perspective on seemingly intransigent political and legal debates.

Author Biography

Paul A. Passavant is Assistant Professor of Political Science at Hobart and William Smith Colleges.

Table of Contents

Preface
Introduction: Freedom of Speech and the Paradox of Rights	p. 1
Liberal Legal Rights and the Grounds of Nationalism	p. 13
John Burgess Is to Woodrow Wilson as Individual Rights Are to Community? Nation, Race, and the Right of Free Speech	p. 41
A Moral Geography of Liberty: John Stuart Mill and American Free Speech Discourse	p. 86
The Landscape of Rights Claiming: The Shift to a Post-Cold War American National Formation	p. 110
Whose First Amendment Is It, Anyway?	p. 137
The Governmentality of Discussion	p. 164
Conclusion	p. 186
Notes	p. 193
Index	p. 231
About the Author	p. 240
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