Indiana Law Journal Volume 84 Issue 3 Article 11 Summer 2009 Feminist Theory and Freedom of Speech, Free Speech Theory Susan H. Williams Indiana University Maurer School of Law,
[email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Constitutional Law Commons, International Law Commons, and the Law and Gender Commons Recommended Citation Williams, Susan H. (2009) "Feminist Theory and Freedom of Speech, Free Speech Theory," Indiana Law Journal: Vol. 84 : Iss. 3 , Article 11. Available at: https://www.repository.law.indiana.edu/ilj/vol84/iss3/11 This Symposium is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact
[email protected]. Feminist Theory and Freedom of Speech SusAN H. WILLIAMS* The First Amendment to the United States Constitution says, among other things, that "Congress shall make no law.., abridging the freedom of speech."' This short and apparently simple phrase has generated an astonishingly complex collection of legal doctrines and a rich tradition of constitutional theory. In this Article, I would like to offer you a feminist perspective on the theoretical landscape of freedom of speech. While there has been much feminist writing about particular free speech issues, such as pornography, there has been relatively little scholarly attention given to the implications of a feminist perspective for the fundamental issues in First Amendment theory. I believe that the feminist critique provides important insights into free speech theory and offers hope of resolving some of the more intractable problems-both theoretical and doctrinal-concerning freedom of speech.2 I.