Mark V. Tushnet

 

On his (and Alan Chen’s and Joseph Blocher’s) book Free Speech Beyond Words: The Surprising Reach of the First Amendment

Cover Interview of March 15, 2017

Lastly

First of all, I want to recognize here my two co-authors. Even though the responses in this interview are mine only, I believe to speak on their behalf as well. Joseph Blocher, who is a professor of constitutional law at Duke, once clerked for Judge Guido Calabresi, one of the nation’s most creative legal thinkers. Alan Chen, who is a professor of constitutional law at the University of Denver, has eminently represented civil rights plaintiffs in California, Idaho and Utah.

Second, we want to get people thinking about questions that might never have occurred to them. Or, more strongly, we want to get people thinking about the “obvious” answer they would give to the question of why Jackson Pollock’s paintings, Arnold Schoenberg’s music, and “Jabberwocky” are covered by the First Amendment. Once they do, maybe they’ll think about other topics, like the coverage of dance, sports, gardening, and cuisine. But, frankly, I think we’d all be completely satisfied if readers found that our arguments unsettled their intuitive answers, at least for a while.