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If an organizing symbol makes sense in First Amendment jurisprudence, it is not the image of a content-neutral government, argues Steven Shiffrin, nor is it a town-hall meeting or even a robust marketplace of ideas. If the First Amendment is to have an organizing symbol, let it be an Emersonian symbol: let it be the image of the dissenter.

Originally published in 1993.

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Table of Contents

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  1. Cover
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  1. Title Page, Copyright, Dedication
  2. pp. i-vi
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  1. Contents
  2. pp. viii-x
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  1. Introduction
  2. pp. 1-8
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  1. 1. The First Amendment and Social Engineering
  2. pp. 9-45
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  1. 2. The First Amendment and Democracy
  2. pp. 46-85
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  1. 3. The First Amendment and Dissent
  2. pp. 86-109
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  1. 4. The First Amendment and Method
  2. pp. 110-139
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  1. 5. The First Amendment and Romance
  2. pp. 140-172
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  1. Notes
  2. pp. 173-280
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  1. Index
  2. pp. 281-285
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