Abstract

http://ssrn.com/abstract=1990451
 


 



Participatory Democracy as the Central Value of American Free Speech Doctrine


James Weinstein


Arizona State University (ASU) - Sandra Day O'Connor College of Law

2011

Virginia Law Review, Vol. 97, No. 3, p. 491, 2011

Abstract:     
This article defends the view that contemporary American free speech doctrine is best explained as assuring the opportunity for individuals to participate in the speech by which we govern ourselves. It argues that this democracy-based theory is both descriptively powerful and normatively attractive: Descriptively, no other theory provides nearly as good an explanation of the actual pattern of the Supreme Court’s free speech decisions. Normatively, this theory is appealing because it is firmly rooted in a value to which virtually everyone in our society adheres.

Number of Pages in PDF File: 24

Keywords: First Amendment, Democracy, Free Speech Doctrine

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Date posted: January 24, 2012 ; Last revised: January 25, 2012

Suggested Citation

Weinstein, James, Participatory Democracy as the Central Value of American Free Speech Doctrine (2011). Virginia Law Review, Vol. 97, No. 3, p. 491, 2011. Available at SSRN: http://ssrn.com/abstract=1990451

Contact Information

James Weinstein (Contact Author)
Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )
Box 877906
Tempe, AZ 85287-7906
United States
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