Constitutive rules, as prominently theorized by John Searle, create the very possibility of engaging in some form of behavior. This distinguishes constitutive rules from regulative rules, which seek to regulate antecedently extant and defined behavior. So although it is conceptually possible to...

It is widely believed that the structure of free expression adjudication varies dramatically between the United States, on the one hand, and Canada, South Africa, and the European Convention on Civil Rights, among others, on the other hand. Under the conventional wisdom, American freedom of...