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Confessions of a Free Speech LawyerCharlottesville and the Politics of Hate$
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Rodney A. Smolla

Print publication date: 2020

Print ISBN-13: 9781501749650

Published to Cornell Scholarship Online: January 2021

DOI: 10.7591/cornell/9781501749650.001.0001

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The Rise of the Marketplace

The Rise of the Marketplace

(p.90) 13 The Rise of the Marketplace
Confessions of a Free Speech Lawyer

Rodney A. Smolla

Cornell University Press

This chapter looks into the order and morality theory as it gave way to the marketplace as the dominant constitutional position in 2017. It references the story of the evolution of US constitutional law in order to explain the fundamental shift in the American constitutional doctrines of freedom of speech. It also discusses the history of American constitutional law through three broad historical epochs. The “founding epoch” did not accomplish much in the way of exposition of civil rights or civil liberties, while the “middle epoch” was marked by outright hostility to civil rights and civil liberties. The “modern epoch” includes the revolution of withdrawing from the treatment of capitalism as a constitutional value.

Keywords:   order, morality, US constitutional law, freedom of speech, founding epoch, modern epoch, middle epoch, civil rights, civil liberties

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