Eloquence and Reason: Creating a First Amendment Culture » (New Edition)

Robert L. Tsai is associate professor of law at American University, Washington College of Law. He lives in Eugene, OR, and Washington, D.C.

This provocative book presents a theory of the First Amendment’s development. During the twentieth century, Americans gained trust in its commitments, turned the First Amendment into an instrument for social progress, and exercised their rhetorical freedom to create a common language of rights.

Robert L. Tsai explains that the guarantees of the First Amendment have become part of a governing culture and nationwide priority. Examining the rhetorical tactics of activists, presidents, and lawyers, he illustrates how committed citizens seek to promote or destabilize a convergence in constitutional ideas. Eloquence and Reason reveals the social and institutional processes through which foundational ideas are generated and defends a cultural role for the courts.

1 Freedom as a Matter of Faith 1

2 Metaphor and Community 23

3 Linguistic Transformation 49

4 Political Pathways 78

5 War and Syntax 112

6 Adjudication as Facilitation 140

Coda 163

Notes 167

Index 193