Abstract

http://ssrn.com/abstract=1393788
 
 

Footnotes (161)



 


 



The Egalitarian First Amendment: Its History and a Critique on the Grounds of Text, Rights, Negative Liberty, and Our Republican Constitutional Structure


Zachary Larsen


affiliation not provided to SSRN

April 23, 2009

North Carolina Central Law Review, Vol. 31, p. 153, 2009

Abstract:     
This article articulates the growing tendency of constitutional theorists and U.S. Supreme Court justices to construe the First Amendment in the light of egalitarian principles and argues that to do so is inconsistent with the meaning and purpose of the First Amendment. The article criticizes the egalitarian approach as creating a positive right, contrary to the structure of the Bill of Rights as a “charter of negative liberties,” and as diluting the right to speech by infusing in it a relative determination of speech values. Finally, the article concludes that the egalitarian reading should be rejected as endangering the very liberties the First Amendment creates.

Number of Pages in PDF File: 32

Keywords: First Amendment, interpretation, negative, negative liberty, charter, Bill of Rights, egalitarian, positive, positive liberty, history, text, right, Stephen Breyer, Active Liberty, Cass Sunstein, democracy promotion, Buckley, Abrams, Debs, antitrust, monopoly, marketplace, originalism

JEL Classification: K19, K39

Accepted Paper Series


Download This Paper

Date posted: April 24, 2009 ; Last revised: September 17, 2009

Suggested Citation

Larsen, Zachary, The Egalitarian First Amendment: Its History and a Critique on the Grounds of Text, Rights, Negative Liberty, and Our Republican Constitutional Structure (April 23, 2009). North Carolina Central Law Review, Vol. 31, p. 153, 2009. Available at SSRN: http://ssrn.com/abstract=1393788

Contact Information

Zachary Chad Larsen (Contact Author)
affiliation not provided to SSRN ( email )
Feedback to SSRN


Paper statistics
Abstract Views: 369
Downloads: 38
Footnotes:  161

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.406 seconds