Free Speech in the Balance

Alexander Tsesis is the Raymond and Mary Simon Chair in Constitutional Law and Professor of Law at Loyola University School of Law, Chicago. He is the author of seven university press books, most recently Constitutional Ethos: Liberal Equality for the Common Good (2017).

'Meiklejohn, Kalven, Fiss, Schauer, Post - and now Tsesis. This path-breaking study combines high theoretical inquiry with careful doctrinal problem-solving and rich comparative analysis to advance a new contextual approach for the most intricate questions of free speech confronting American judges today. The result is a 21st-century theory offering rules of reasoning fit for a contemporary representative democracy.' Richard Albert, William Stamps Farish Professor in Law and Professor of Government, The University of Texas at Austin

• Part I. Theory: 1. Formalism and Categorical Doctrine; 2. Dominant Academic Approaches to Free Speech: Strengths and Shortcomings; 3. Free Speech and Proportionality; 4. Civic Community and Social Context; Part II. Application: 5. US formalism and EU proportionality alternative; 6. Offense, Incitement, True Threats, and Hate Speech; 7. Terrorist Incitement on the Internet; 8. First Amendment on Campus; 9. High Schooler Speech in the Age of the Internet; 10. On the Campaign Trail: Money and Politics; Conclusion; References; Index.