Abstract

The “marketplace of ideas”; is not only an enduring metaphor to describe how freedom of expression works in a democracy, but it also is a real‐world “guidebook”; for everyday legal decision making and interpretation of the First Amendment. This article asks the reader to move beyond the “marketplace”; metaphor to discover a deeper mythic and metaphoric image that transcends the social, political and economic world of cases and controversies. Using the hermeneutic/objectivist approach put forward by Paul Ricoeur, this article analyzes the metaphoric language of six major Supreme Court decisions that span 70 years of First Amendment interpretation. The result is the uncovering of a new framing metaphor—the GUARDIAN—that transports our thinking about freedom of expression into our deepest myth‐consciousness. This article demonstrates how mining our legal texts for new meanings of freedom of expression, unencumbered by traditional philosophical or methodological paradigms, may reveal new understandings about ...

Full Text
Paper version not known

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.