Communication law as a rhetorical practice: A case study of the Masses decision

This article discusses the ways in which rhetorical theory and critical practice can inform our understanding of communication law. By looking at some of the culturetypal and countercultural myths that went into the construction of America's free speech doctrines during and after World War I, critics can gain an appreciation of the polysemic nature of law. Using the commentaries surrounding Learned Hand's decision in the Masses case as a point of departure, the article illustrates how legal decisions can be viewed as discursive fragments that are a part of the broader rhetorical culture.

Notes

Assistant professor, Department of Communication, Arizona State University. The author would like to thank Mike Severson, who provided much needed research assistance in the final drafting stages. An earlier version of this essay was presented at the Southern States Communication Association Convention in San Antonio in 1992.