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First Amendment Institutions proposes a new approach to enforcing First Amendment laws by arguing that institutions who exercise First Amendment freedoms should have more autonomy to regulate their own affairs, as the courts and a “top-down rules” approach insufficiently account for the complexity of real-world situations. Author Paul Horwitz suggests that such an approach would enhance these institutions’ role in social and political life, thus making the state a part of our social framework as opposed to an overbearing sovereign.

Horwitz, the Gordon Rosen Professor of Law at the University of Alabama School of Law, is joined by critical commenter Marc DeGirolami, Associate Professor of Law at St. John’s University School of Law, to discuss the book.