Participatory Democracy as the Central Value of American Free Speech Doctrine
Arizona State University (ASU) - Sandra Day O'Connor College of Law
Virginia Law Review, Vol. 97, No. 3, p. 491, 2011
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
Date posted: January 24, 2012 ; Last revised: January 25, 2012
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