Equality and Autonomy in First Amendment Jurisprudence, 95 MICHIGAN LAW REVIEW 1517 (1997).
LIBERALISM DIVIDED: FREEDOM OF SPEECH AND THE MANY USES OF STATE POWER. By Owen Fiss. Boulder: Westview Press. 1996. Pp. vii, 192. $17.95.
Brown v. Board of Education, as Owen Fiss correctly observes in the introduction to Liberalism Divided: Freedom of Speech and the Many Uses of State Power, spurred a "revolution in American law" by "claiming a place for equality as central as that for liberty." Fiss's own work is inseparably connected to that revolution. Inspired by the Warren Court's commitment to the promise of Brown, Fiss produced an unforgettable body of scholarship that profoundly enriched our understanding of the values of egalitarianism and of the role of courts in achieving those values.
In the late 1980s Fiss began to turn his attention away from the Equal Protection Clause and toward the First Amendment. Liberalism Divided collects essays that Fiss has published on issues of freedom of speech during the past decade. Several of the essays are deservedly famous and influential. They forcefully express the same egalitarian sensibility that had informed Fiss's earlier work. In this respect, Liberalism Divided exemplifies the collision between equality and liberty that has so conspicuously characterized recent First Amendment scholarship.
Date of Authorship for this Version
Post, Robert C., "Equality and Autonomy in First Amendment Jurisprudence" (1997). Faculty Scholarship Series. Paper 197.