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.     

Public Approval ofU.S. State Legislatures

The determinants of public approval for state legislatures have not received much attention, but one important finding is that more professionalized legislatures experience lower levels of public support. We argue that this result is an artifact of limited data and problematic model specifications. Analyzing a large national survey sample, we demonstrate that the negative relationship holds primarily for conservatives and to a lesser extent for moderates but not liberals. Additionally, we find that legislative approval in states with term limits and ballot initiatives is no different than in states without these institutions.     

IMMIGRATION AND CRIME IN AN ERA OF TRANSFORMATION: A LONGITUDINAL ANALYSIS OF HOMICIDES IN SAN DIEGO NEIGHBORHOODS, 1980–2000*

Emerging research associated with the “immigration revitalization” perspective suggests that immigration has been labeled inaccurately as a cause of crime in contemporary society. In fact, crime seems to be unexpectedly low in many communities that exhibit high levels of the following classic indicators of social disorganization: residential instability, ethnic heterogeneity, and immigration. But virtually all research conducted to date has been cross-sectional in nature and therefore unable to demonstrate how the relationship between immigration and crime might covary over time. This limitation is significant, especially because current versions of social disorganization theory posit a dynamic relationship between structural factors and crime that unfolds over time. The current study addresses this issue by exploring the effects of immigration on neighborhood-level homicide trends in the city of San Diego, California, using a combination of racially/ethnically disaggregated homicide victim data and community structural indicators collected for three decennial census periods. Consistent with the revitalization thesis, results show that the increased size of the foreign-born population reduces lethal violence over time. Specifically, we find that neighborhoods with a larger share of immigrants have fewer total, non-Latino White, and Latino homicide victims. More broadly, our findings suggest that social disorganization in heavily immigrant cities might be largely a function of economic deprivation rather than forms of “neighborhood” or “system” stability.