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Freedom of expression, long an issue that united liberals, now serves to drive them apart. This book analyzes the pressure on liberal thought resulting from such controversies as pornography, Mapplethorpe and artistic expression, and the rights of street-corner orators.
"The Law As It Could Be" gathers Fiss's most important work on procedure, adjudication and public reason, introduced by the author and including contextual introductions for each piece - some of which are among the most cited in 20th Century American legal studies.
Professor Fiss examines contemporary free-speech issues in the context of the collision of liberal ideas of equality and freedom with modern social structures and speculates on what role the state might play in furthering robust public debate.
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