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The Constitution of Electoral Speech LawThe Supreme Court and Freedom of Expression in Campaigns and Elections$
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Brian K. Pinaire

Print publication date: 2008

Print ISBN-13: 9780804757249

Published to Stanford Scholarship Online: June 2013

DOI: 10.11126/stanford/9780804757249.001.0001

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Cognitive Contours

Cognitive Contours

(p.92) Chapter 4 Cognitive Contours
The Constitution of Electoral Speech Law
Stanford University Press

This chapter examines the techniques, tactics, devices, and schemes that have the potential to constitute the manner means by which the justices “see” the speech question before them. What the members of the Court “have in mind” is especially important in that such contours influence their decisions. The chapter begins by discussing the general significance of the role of imagery in argument and develops the claim that the particular and literal “vision” of the case is critical to its ultimate resolution. It considers evident preferences for certain dimensions of electoral expression and the role for persuasion in the constitution of electoral speech law. Finally, the chapter turns to the role of and for perception, but specifically the significance of “schemata,” or those categories of the mind which represent an individual's “complex set of beliefs and feelings about some area of experience”.

Keywords:   justices, speech question, imagery, argument, electoral speech law, persuasion, electoral expression, constitution, schemata, perception

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