Rorty, the first amendment and antirealism: Is reliance upon truth viewpoint-based speech regulation?
Graduate studies at Western
Journal of Moral Philosophy 1 (1):69-88 (2004)
|Abstract||In this article I investigate the implications of antirealism, as characterized by Richard Rorty, for First Amendment jurisprudence under the United States Constitution. It is hoped that the implications, while played out in the context of a specific tradition, will have more universal application. In Section 1, Rortys pragmatic antirealism is briefly outlined. In Section 2, some effects of the elimination of the concept of truth for First Amendment jurisprudence are investigated. Section 3 argues for the conclusion that given the antirealist stance, the Supreme Courts usage of the true/ false fact distinction is actually an uncritical allowance of viewpoint-based discrimination into speech protection that has potentially far-reaching and restrictive results for important speech. Finally, in Section 4 Rortys antirealism is combined with various traditional models of First Amendment analysis to see how it would function. The conclusions aimed at are twofold. First, that Rortian antirealism is compatible with the traditional models underlying First Amendment theory. Second, that a realization that truth is the result of, in Rortys words, intra-mundane discourse leads to an argument for different and potentially stronger and more farreaching protections to speech.|
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
|Through your library||Configure|
Similar books and articles
Michael Hand (2010). Antirealism and Universal Knowability. Synthese 173 (1):25 - 39.
Luca Moretti (2008). Brogaard and Salerno on Antirealism and the Conditional Fallacy. Philosophical Studies 140 (2):229 - 246.
Norman Arthur Fischer (2010). How the Shadow University Attack on First Amendment Defense of Private Speech Paved the Way for the War Party Attack on First Amendment Defense of Public Speech. Social Philosophy Today 26:39-51.
Paul Horwitz, Free Speech as Risk Analysis: Heuristics, Biases, and Institutions in the First Amendment.
Vaughana Macy Feary (1992). Taking the Right of Freedom of Commerical Communication Seriously. Journal of Business Ethics 11 (1):47 - 59.
Frank B. Farrell (1995). Rorty and the Antirealism. In Herman J. Saatkamp (ed.), Rorty & Pragmatism: The Philosopher Responds to His Critics. Vanderbilt University Press.
Added to index2009-01-28
Total downloads32 ( #43,548 of 740,090 )
Recent downloads (6 months)1 ( #61,960 of 740,090 )
How can I increase my downloads?