This provocative book presents a theory of the First Amendments development. During the twentieth century, Americans gained trust in its commitments, turned the First Amendment into an instrument for social progress, and exercised their rhetorical freedom to create a common language of rights.
Robert L. Tsai explains that the guarantees of the First Amendment have become part of a governing culture and nationwide priority. Examining the rhetorical tactics of activists, presidents, and lawyers, he illustrates how committed citizens seek to promote or destabilize a convergence in constitutional ideas.Eloquence and Reasonreveals the social and institutional processes through which foundational ideas are generated and defends a cultural role for the courts.
Robert L. Tsai is associate professor of law at American University, Washington College of Law. He lives in Eugene, OR, and Washington, D.C.
Just when I thought that there was nothing new to say about the First Amendment, Robert Tsai comes along and writes a book which encourages me to think again. Bruce Ackerman, Sterling Professor of Law and Political Science,Yale University
A provocative meditation on the ways the metaphors used in constitutional doctrine empower, limit, create, and recreate the public over which the written Constitution is said to assert authority. Intriguing case studies arise from the civil rights movement of the 1960s, the Christian Right of the 1980s, and the attacks on Jehovah's Witnesses in the 1940s. Mark V. Tushnet, William Nelson Cromwell Professor of Law,Harvard Law School, and author ofThe NAACP's Legal Strategy Against Segregated Education, 1925-1950
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