Frederick Schauer (born January 15, 1946) is an American legal scholar who serves as David and Mary Harrison Distinguished Professor of Law at the University of Virginia School of Law. He is also the Frank Stanton Professor ''emeritus'' of the

First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...

Harvard University Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of high ...

Kennedy School of Government The Harvard Kennedy School (HKS), officially the John F. Kennedy School of Government, is the school of public policy and government of Harvard University in Cambridge, Massachusetts. The school offers master's degrees in public policy, public ...

. He is well known for his work on

American constitutional law The constitutional law of the United States is the body of law governing the interpretation and implementation of the United States Constitution. The subject concerns the scope of power of the United States federal government compared to the ind ...

, especially

free speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recog ...

, and on legal reasoning, especially the nature and value of

legal formalism Legal formalism is both a descriptive theory and a normative theory of how judges should decide cases. In its descriptive sense, formalists maintain that judges reach their decisions by applying uncontroversial principles to the facts; formali ...

. In his 1982 book ''Free Speech: A Philosophical Enquiry,'' Schauer says that government attempts to restrict freedom of expression have resulted in a disproportionate number of government mistakes. He argued that when governments restrict expression, they are incentivized to censor criticism of themselves, which makes it harder for them to assess the cost and benefits of their subsequent actions.

Education

*J.D. Harvard Law School 1972 *M.B.A.

Tuck School of Business The Tuck School of Business (also known as Tuck, and formally known as the Amos Tuck School of Administration and Finance) is the graduate business school of Dartmouth College, a private research university in Hanover, New Hampshire. Founded ...

Dartmouth College Dartmouth College (; ) is a private research university in Hanover, New Hampshire. Established in 1769 by Eleazar Wheelock, it is one of the nine colonial colleges chartered before the American Revolution. Although founded to educate Native ...

1968 *A.B. Dartmouth College 1967

Publications

*''Analogy, Expertise, and Experience'', 249 U. Chi. L. Rev. 84 (2017). * ''The Force of Law'' (2015). * ''The Theory of Rules'', by

Karl Llewellyn Karl Nickerson Llewellyn (May 22, 1893 – February 13, 1962) was a prominent American jurisprudential scholar associated with the school of legal realism. ''The Journal of Legal Studies'' has identified Llewellyn as one of the twenty most cited A ...

, edited and with an introduction by Schauer (2011). * ''Thinking Like a Lawyer: A New Introduction to Legal Reasoning'' (2009).
''The Supreme Court, 2005 Term — Foreword: The Court’s Agenda – And the Nation’s''
120 Harv. L. Rev. 4 (2006). * ''Profiles, Probabilities, and Stereotypes'' (2003). * ''Playing By the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and in Life'' (1991).Reviewed by * ''The Philosophy of Law: Classic and Contemporary Readings with Commentary'' (with

Walter Sinnott-Armstrong Walter Sinnott-Armstrong (born 1955) is an American philosopher specializing in ethics, epistemology, neuroethics, the philosophy of law, and the philosophy of cognitive science. He is the Chauncey Stillman Professor of Practical Ethics in the De ...

) (1996). * ''Supplements to Gunther, Constitutional Law'' (1983–1996). * ''Law and Language'' (editor) (1992). * ''The First Amendment: A Reader'' (with John H. Garvey) (1992). * ''Free Speech: A Philosophical Enquiry'' (1982). * ''The Law of Obscenity'' (1976).

References

1946 births Living people American legal scholars Harvard University faculty University of Virginia School of Law faculty Harvard Law School alumni Tuck School of Business alumni {{US-law-bio-stub