Rorty, the first amendment and antirealism: Is reliance upon truth viewpoint-based speech regulation?
Journal of Moral Philosophy 1 (1):69-88 (2004)
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)|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Brogaard and Salerno on Antirealism and the Conditional Fallacy.Luca Moretti - 2008 - Philosophical Studies 140 (2):229 - 246.
The Promise of Congressional Enforcement of the Thirteenth Amendment.Rebecca E. Zietlow - manuscript
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.Norman Arthur Fischer - 2010 - Social Philosophy Today 26:39-51.
Free Speech as Risk Analysis: Heuristics, Biases, and Institutions in the First Amendment.Paul Horwitz - manuscript
Taking the Right of Freedom of Commerical Communication Seriously.Vaughana Macy Feary - 1992 - Journal of Business Ethics 11 (1):47 - 59.
Rorty and the Antirealism.Frank B. Farrell - 1995 - In Herman J. Saatkamp (ed.), Rorty & Pragmatism: The Philosopher Responds to His Critics. Vanderbilt University Press.
Displacing Dissent: The Role of 'Place' in First Amendment Jurisprudence.Thomas P. Crocker - manuscript
Take Care of Freedom and Truth Will Take Care of Itself: Interviews with Richard Rorty.Richard Rorty - 2006 - Stanford University Press.
Added to index2009-01-28
Total downloads42 ( #118,015 of 2,143,766 )
Recent downloads (6 months)3 ( #227,097 of 2,143,766 )
How can I increase my downloads?
There are no threads in this forum
Nothing in this forum yet.