Redish on Freedom of Speech

Alexander, Larry | January 1, 2013

My contribution to this Festschrift for Marty Redish looks at two of his most important articles on freedom of speech, both published in 1982. One article deals with free speech and advocacy of crime, while the other presents Marty’s general justificatory theory of freedom of speech. Although I agree and disagree with various parts of Marty’s analysis in the former, I am unpersuaded that Marty’s general theory can succeed either positively or normatively. Marty Redish is an important scholar in several domains, displaying enviable versatility as well as depth. Although he is perhaps the leading contemporary expositor of the law of federal jurisdiction, he is almost as important a figure in the vastly more crowded field in which his and my scholarship overlap. Redish on Freedom of Speech is my modest contribution to this richly deserved Festschrift.