The Constitution of Electoral Speech Law: The U.S. Supreme Court and Freedom of Expression in Campaigns and Elections
Bush v. Gore brought to the public's attention the significance of election law and the United States Supreme Court's role in structuring the rules that govern how campaigns and elections function in America. In this book, Brian K. Pinaire examines one expanding domain within this larger legal context: freedom of speech in the political process, or, what he terms, electoral speech law.\ Specifically, Pinaire examines the Court's evolving conceptions of free speech in the electoral process and...
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This book examines how the United States Supreme Court understands freedom of speech during political campaigns and elections. To address this question, the author considers both the nature of the Court’s evaluation (or vision) of political speech in this context and the process by which this understanding is formulated, with a focus on four recent and representative cases.
List of Tables and Figures xiPreface xiiiAcknowledgments xvIntroduction: The Constitution of Electoral Speech Law 1Constitutional ElementsConstituent Concepts 21Conceptual Confluence 39Rhetorical Modes 75Cognitive Contours 92Constitutional EpisodesBurson v. Freeman 127McIntyre v. Ohio Elections Commission 151Buckley v. American Constitutional Law Foundation, Inc. 176Nixon v. Shrink Missouri Government PAC 201Conclusion: A Constitution We Are Expounding 225Interview Methods and Protocol 245Notes 247Index 331
