Beyond the First Amendment: The Politics of Free Speech and Pluralism

Beyond the First Amendment: The Politics of Free Speech and Pluralism. By Samuel P. Nelson. Baltimore: Johns Hopkins University Press, 2005. 240p. $50.00. In this ambitious and fertile book, Samuel Nelson proposes to reconceptualize the theory of freedom of speech independently of American constitutional law. The effort offers insights into the limitations of constitutionally founded free speech theories and an intriguing proposed alternative, which Nelson dubs the “pluralist” framework. His framework seems especially suited for honoring justifications for freedom of speech other than the search for truth or democratic debate and for addressing restrictions on speech by authorities other than government (e.g., private employers).