 How would one describe Fiss' viewpoints.
The subject of this short book is the present direction of the law governing the freedom of speech. What Professor Fiss has to say about it is worth attending to not merely because of his prominence in the field but because his argument is planted in the common assumptive ground of a lot of contemporary academic thought about the bankruptcy of individualism. The thesis of the book is Fiss', but the wisdom is conventional. Professor Fiss thinks the present direction of First Amendment law is a bad one, and he has an idea about how we might improve it. This is what Fiss means by the "irony" in his title: that true freedom of speech for all requires suppressing the speech of some. An irony would be the observation that an attempt to increase freedom for all often entails, despite our best efforts, a decrease in freedom for a few. If Fiss had addressed the subject of free speech in this spirit, as an irony, he would undoubtedly have had some interesting things to say, for he is a learned and temperate writer. But he has, instead, chosen to address the issue as an advocate for specific groups he regards as politically disadvantaged--women, gays, victims of racial-hate speech, the poor (or, at least, the not-rich), and people who are critical of market capitalism--and to design a constitutional theory that will enable those groups to enlist the state in efforts either to suppress speech they dislike or to subsidize speech they do like, without running afoul of the First Amendment. Fiss does not avoid it. The Irony of Free Speech is a discussion of several speech issues: campaign-finance laws, state funding for the arts, pornography, speech codes, and equal time. These discussions are not doctrinaire, but their general inclination is to favor state intervention, on political grounds, in each of those areas--that is, to favor restrictions on campaign spending, greater regulation of pornography, and so on. Fiss' analyses of specific cases are presented against a lightly sketched historical argument. The argument is that "the liberalism of the nineteenth century was defined by the claims of individual liberty and resulted in an unequivocal demand for liberal government, [while] the liberalism of today embraces the value of equality as well as liberty." The constitutional law of free speech, says Fiss, was shaped by the earlier type of liberalism--he calls it "libertarian"--which regarded free speech as a right of individual self-expression; it is now used to foil efforts to regulate speech in the name of the newer liberal value, equality.
 They are out of the ordinary, considering he refutes the current First Amendment.
 They are out of the ordinary, considering he refutes the current First Amendment.  They are condescending when applied across a large spectrum of social groups.  When contemplated, they fit in with the customs and norms of society today.  They are noncontroversial among politically conservative people.