Introduction

Abstract

The Introduction accomplishes several things. It emphasizes the central subject matter of the book, which is the relationships between freedom of speech and other (“non-speech”) constitutional rights. The Introduction also discusses different conceptions of constitutional rights—as textual guarantees, trumps of governmental power, and rhetorical devices. It emphasizes the relational character of rights and introduces the concept of Rights Dynamism, which is the process by which rights intersections occur. The Introduction highlights the bidirectional relationship between freedom of speech and non-speech rights, noting that interactions between these rights have influenced interpretation of both the Free Speech Clause and the rights it has interacted with over time. It describes the facilitative and mediating functions of freedom of speech, as well as the conflicts between free speech and non-speech guarantees. Finally, it introduces the concept of Rights Pluralism, which is defined and defended more fully in the book’s final chapter.