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Susan Williams - Truth, Autonomy, and Speech: Feminist Theory and the First Amendment

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Choice Magazine Outstanding Academic Titles 2005 Winner
Amidst the vast array of literature on the First Amendment, it is rare to hear a fresh voice speak about the First Amendment, but in Truth, Autonomy, and Speech, Susan H. Williams presents a strikingly original interpretation and defense of the First Amendment, written from a feminist perspective. Drawing on work from several disciplinesincluding law, political theory, philosophy, and anthropologythe book develops alternative accounts of truth and autonomy as the foundations for freedom of expression. Building on feminist understandings of self and the social world, Williams argues that both truth and autonomy are fundamentally relational.
With great clarity and insight, Williams demonstrates that speech is the means by which we create rather than discover truth and the primary mechanism through which we tell the stories that constitute our autonomy. She examines several controversial issues in the law of free speechincluding campaign finance reform, the public forum doctrine, and symbolic speechand concludes that the legal doctrine through which we interpret and apply the First Amendment should be organized to protect speech that serves the purposes of truth and autonomy.

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About NYU Press
A publisher of original scholarship since its founding in 1916, New York University Press Produces more than 100 new books each year, with a backlist of 3,000 titles in print. Working across the humanities and social sciences, NYU Press has award-winning lists in sociology, law, cultural and American studies, religion, American history, anthropology, politics, criminology, media and communication, literary studies, and psychology.
Truth, Autonomy, and Speech
CRITICAL AMERICA
General Editors: Richard Delgado and Jean Stefancic
White by Law:
The Legal Construction of Race

Ian F. Haney Lpez
Cultivating Intelligence:
Power, Law, and the Politics of Teaching

Louise Harmon and Deborah W. Post
Privilege Revealed:
How Invisible Preference
Undermines America

Stephanie M. Wildmand with Margalynne
Armstrong, Adrienne D. Davis, and Trina
Grillo
Does the Law Morally Bind the Poor?
or What Goods the Constitution When
You Cant Afford a Loaf of Bread?

R. George Wright
Hybrid: Bisexuals, Multiracials, and
Other Misfits under American Law

Ruth Colker
Critical Race Feminism: A Reader
Edited by Adrien Katherine Wing
Immigrants Out!
The New Nativism and the
Anti-Immigrant Impulse
in the United States

Edited by Juan F. Perea
Taxing America
Edited by Karen B. Brown and Mary
Louise Fellows
Notes of a Racial Caste Baby:
Color Blindness and the

End of Affirmative Action
Bryan K. Fair
Please Dont Wish Me a Merry
Christmas: A Critical History of the
Separation of Church and State

Stephen M. Feldman
To Be an American: Cultural Pluralism
and the Rhetoric of Assimilation

Bill Ong Hing
Negrophobia and Reasonable Racism:
The Hidden Costs of Being
Black in America

Jody David Armour
Black and Brown in America:
The Case for Cooperation

Bill Piatt
Black Rage Confronts the Law
Paul Harris
Selling Words:
Free Speech in a Commercial Culture

R. George Wright
The Color of Crime: Racial Hoaxes,
White Fear, Black Protectionism,
Police Harassment, and
Other Macroaggressions

Katheryn K. Russell
The Smart Culture:
Society, Intelligence, and Law

Robert L. Hayman, Jr.
Was Blind, But Now I See:
White Race Consciousness and the Law

Barbara J. Flagg
The Gender Line:
Men, Women, and the Law

Nancy Levit
Heretics in the Temple:
Americans Who Reject
the Nations Legal Faith

David Ray Papke
The Empire Strikes Back: Outsiders and
the Struggle over Legal Education

Arthur Austin
Interracial Justice: Conflict and
Reconciliation in
PostCivil Rights America

Eric K. Yamamoto
Black Men on Race, Gender, and
Sexuality: A Critical Reader

Edited by Devon Carbado
When Sorry Isnt Enough:
The Controversy over Apologies and
Reparations for Human Injustice

Edited by Roy L. Brooks
Disoriented: Asian Americans, Law,
and the Nation State

Robert S. Chang
Rape and the Culture of the Courtroom
Andrew E. Taslitz
The Passions of Law
Edited by Susan A. Bandes
Global Critical Race Feminism:
An International Reader

Edited by Adrien Katherine Wing
Law and Religion: Critical Essays
Edited by Stephen M. Feldman
Changing Race: Latinos, the Census,
and the History of Ethnicity

Clara E. Rodrguez
From the Ground Up: Environmental
Racism and the Rise of the
Environmental Justice Movement

Luke Cole and Sheila Foster
Nothing but the Truth: Why Trial
Lawyers Dont, Cant, and Shouldnt
Have to Tell the Whole Truth

Steven Lubet
Critical Race Theory: An Introduction
Richard Delgado and Jean Stefancic
Playing It Safe: How the Supreme Court
Sidesteps Hard Cases

Lisa A. Kloppenberg
Why Lawsuits Are Good for America:
Disciplined Democracy, Big Business,
and the Common Law

Carl T. Bogus
How the Left Can Win Arguments and
Influence People: A Tactical Manual for
Pragmatic Progressives

John K. Wilson
Aftermath:
The Clinton Impeachment and the Presidency
in the Age of Political Spectacle

Edited by Leonard V. Kaplan
and Beverly I. Moran
Getting over Equality: A Critical Diagnosis
of Religious Freedom in America

Steven D. Smith
Critical Race Narratives: A Study of
Race, Rhetoric, and Injury

Carl Gutirrez-Jones
Social Scientists for Social Justice:
Making the Case against Segregation

John P. Jackson, Jr.
Victims in the War on Crime:
The Use and Abuse of Victims Rights

Markus Dirk Dubber
Original Sin:
Clarence Thomas and the Failure
of the Constitutional Conservatives

Samuel A. Marcosson
Policing Hatred: Law Enforcement,
Civil Rights, and Hate Crime

Jeannine Bell
Destructive Messages:
How Hate Speech Paves the Way for
Harmful Social Movements

Alexander Tsesis
Moral Imperialism:
A Critical Anthology

Edited by Berta Esperanza
Hernndez-Truyol
In the Silicon Valley of Dreams:
Environmental Injustice,
Immigrant Workers, and the
High-Tech Global Economy

David N. Pellow and
Lisa Sun-Hee Park
Mixed Race America and the Law:
A Reader

Kevin R. Johnson
Critical Race Feminism:
A Reader, Second Edition

Edited by Adrien Katherine Wing
Murder and the Reasonable Man:
Passion and Fear in the
Criminal Courtroom

Cynthia K. Lee
Success without Victory:
Lost Legal Battles and the
Long Road to Justice in America

Jules Lobel
Greasers and Gringos: Latinos, Law,
and the American Imagination

Steven W. Bender
Saving Our Children
from the First Amendment

Kevin W. Saunders
Elusive Citizenship:
Immigration, Asian Americans,
and the Paradox of Civil Rights

John S. W. Park
Truth, Autonomy, and Speech:
Feminist Theory and the
First Amendment

Susan H. Williams
Truth, Autonomy, and Speech
Feminist Theory and the First Amendment
Susan H. Williams
NEW YORK UNIVERSITY PRESS New York and London wwwnyupressorg 2004 by New York - photo 1
NEW YORK UNIVERSITY PRESS
New York and London
www.nyupress.org
2004 by New York University
All rights reserved
Library of Congress Cataloging-in-Publication Data
Williams, Susan Hoffman, 1960
Truth, autonomy, and speech:
feminist theory and the First Amendment / Susan H. Williams.
p. cm.
Includes bibliographical references and index.
ISBN 0814793592 (cloth: alk. paper)
1. Freedom of speechUnited States.
2. Feminist theoryUnited States. I. Title.
KF4772.W55 2004
342.730853dc22 2003026706
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