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Paul Horwitz Subscribe

Professor Horwitz is the Gordon Rosen Professor of Law at the University of Alabama School of Law where he teaches law and religion, constitutional law, and legal profession. In addition to having written and spoken widely on issues of constitutional law, Professor Horwitz is a member of the popular legal blog Prawfsblawg.

August 20, 2014|

With Non-Interference Comes Responsibility

by Paul Horwitz|

In response to: Freedom of Religion and the Freedom of the Church

Richard Garnett’s Liberty Forum essay argues eloquently for the importance of institutional religious freedom in our system of government and our broader society. As Garnett writes, some form of institutional religious liberty, or “freedom of the church,” is an “old but still important idea.” It’s an idea, moreover, that in one form or another has occupied an increasing amount of attention in recent public controversies and Supreme Court cases involving religion. Few writers have presented it as clearly or attractively as Garnett has, here and in other work. I can hardly add much to that. Let me instead offer a few…

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More Responses

Freedom of the Church Not Freedom of Religion

by John Inazu

I have long benefitted from Professor Garnett’s work in the area of law and religion. Given the sometimes contentious climate in and out of the academy, it is worth highlighting the tone of his writing as well as its substance. Both are admirable. One of Professor Garnett’s core scholarly pursuits has been to argue for a…

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Negotiating the Freedom of the Church

by Donald L. Drakeman

One of the challenges in commenting on Rick Garnett’s essay is that I think his deeply thoughtful and measured analysis is basically right on target. If we are going to take individuals’ freedom of religion seriously, we need take into account the importance of their religious communities. Exactly what that means is, unfortunately, hard to…

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Freedom of the Church

by Richard W. Garnett

I am grateful to the Liberty Law Forum for publishing my short essay, Freedom of Religion and the Freedom of the Church and for securing thoughtful, helpful responses from John Inazu, Paul Horwitz, and Donald Drakeman. These three first-rate scholars are my friends and teachers; I have learned a great deal from their work and through…

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July 29, 2013|Civil Society, Constitutional Law, First Amendment, Free Speech

First Amendment Institutions

by Paul Horwitz|

The next Liberty Law Talk is with Paul Horwitz on his new book, First Amendment Institutions. Horwitz challenges the dominant legal perspective on free speech in American law, which focuses on speaker and state. Instead of this acontextual approach, Horwitz poses that speech is impossible without the institutions that both form it and give it the opportunity to be heard. Institutions are the "scaffolding" of the individual's right to free speech and should be accorded greater autonomy from the state in their self-government. Horwitz would include many state institutions in this category. Thus, the law, in regulating or permitting speech,…

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Book Reviews

A Mirror of the 20th-Century Congress

by Joseph Postell

Wright undermined the very basis of his local popularity—the decentralized nature of the House—by supporting reforms that gave power to the party leaders.

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The Graces of Flannery O'Connor

by Henry T. Edmondson III

O'Connor's correspondence is a goldmine of piercing insight and startling reflections on everything from literature to philosophy to raising peacocks.

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Liberty Classics

Rereading Politica in the Post-Liberal Moment

by Glenn A. Moots

Althusius offers a rich constitutionalism that empowers persons to thrive alongside one another in deliberate communities.

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James Fenimore Cooper and the American Experiment

by Melissa Matthes

In The American Democrat, James Fenimore Cooper defended democracy against both mob rule and majority tyranny.

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Podcasts

Stuck With Decadence

A discussion with Ross Douthat

Ross Douthat discusses with Richard Reinsch his new book The Decadent Society.

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Can the Postmodern Natural Law Remedy Our Failing Humanism?

A discussion with Graham McAleer

Graham McAleer discusses how postmodern natural law can help us think more coherently about human beings and our actions.

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Did the Civil Rights Constitution Distort American Politics?

A discussion with Christopher Caldwell

Christopher Caldwell discusses his new book, The Age of Entitlement.

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America, Land of Deformed Institutions

A discussion with Yuval Levin

Yuval Levin pinpoints that American alienation and anger emerges from our weak political, social, and religious institutions.

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