Richard A. Brisbin

Antonin Scalia, William Brennan, and the Politics of Expression: A Study of Legal Violence and Repression

I present a case study of the First Amendment opinions of two members of the Supreme Court of the United States to criticize the range of their attitudes about rights and to illustrate how their opinions help construct and legitimate the disciplinary actions that provide order in the modern liberal regime. To preserve order, the justices are shown to use the language of rights as an instrument for the facilitation of violence, repression, and subjection against some litigants, rather than as an instrument for the enhancement of expressive liberties