The Right’s First Amendment: The Politics of Free Speech & the Return of Conservative Libertarianism (Stanford Studies in Law and Politics)

Not so long ago, being aggressively "pro–free speech" was as closely associated with American political liberalism as being pro-choice, pro–affirmative action, or pro–gun control. With little notice, this political dynamic has been shaken to the core.__The Right's First Amendment__examines how conservatives came to adopt and co-opt constitutional free speech rights.In the 1960s, free speech on college campuses was seen as a guarantee for social agitators, hippies, and peaceniks. Today, for many conservatives, it represents instead a crucial shield that protects traditionalists from a perceived scourge of political correctness and liberal oversensitivity. Over a similar period, free market conservatives have risen up to embrace a once unknown, but now cherished, liberty: freedom of commercial expression. What do these changes mean for the future of First Amendment interpretation?Wayne Batchis offers a fresh entry point into these issues by grounding his study in both political and legal scholarship. Surveying six decades of writings from the preeminent conservative publication__National Review__alongside the evolving constitutional law and ideological predispositions of Supreme Court justices deciding these issues, Batchis asks the conservative political movement to answer to its judicial logic, revealing how this keystone of our civic American beliefs now carries a much more complex and nuanced political identity. Not so long ago, being aggressively "pro–free speech" was as closely associated with American political liberalism as being pro-choice, pro–affirmative action, or pro–gun control. With little notice, this political dynamic has been shaken to the core. The Right's First Amendment examines how conservatives came to adopt and co-opt constitutional free speech rights. In the 1960s, free speech on college campuses was seen as a guarantee for social agitators, hippies, and peaceniks. Today, for many conservatives, it represents instead a crucial shield that protects traditionalists from a perceived scourge of political correctness and liberal oversensitivity. Over a similar period, free market conservatives have risen up to embrace a once unknown, but now cherished, liberty: freedom of commercial expression. What do these changes mean for the future of First Amendment interpretation? Wayne Batchis offers a fresh entry point into these issues by grounding his study in both political and legal scholarship. Surveying six decades of writings from the preeminent conservative publication National Review alongside the evolving constitutional law and ideological predispositions of Supreme Court justices deciding these issues, Batchis asks the conservative political movement to answer to its judicial logic, revealing how this keystone of our civic American beliefs now carries a much more complex and nuanced political identity. "Not so long ago, being aggressively "pro-free speech" was as closely associated with American political liberalism. But with little notice, this political dynamic has been shaken to the core. The Right's First Amendment examines how conservatives came to adopt, and co-opt, constitutional expressive rights. Free speech on college campuses in the 1960s was seen as a guarantee for social agitators and hippies--but today, for many conservatives, it represents instead a crucial shield protecting unfashionable traditionalists from a perceived scourge of political correctness and liberal oversensitivity. Does this shift represent a genuine and principled change in conservative philosophy, or merely a results-oriented strategy? What do these changes mean for the future of First Amendment interpretation? Wayne Batchis explores these questions by surveying six decades of the conservative publication National Review. Presented alongside evolving constitutional law, Batchis reveals how this keystone of American civics now carries a much more complex and nuanced political identity."--Back cover Introduction : the right's First Amendment Conservatism, the First Amendment, and National Review The political science of judicial decision making Political correctness and the rise of the conservative victim The courts and the political correctness indictment The rise of free-market conservatism Commercial speech in the modern era Citizens United and the paradox of associational speech.