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When the State Speaks, What Should it Say? How Democracies Can Protect Expression and Promote Equality (Introduction)

Corey Brettshcneider, "When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality", Princeton University Press, 2012

23 Pages Posted: 19 Jul 2012  

Corey L. Brettschneider

Brown University - Department of Political Science; Fordham University School of Law

Date Written: 2012

Abstract

This is the introduction to my new book, When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality.

How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of hate groups and allowing their views to spread, or banning their views and violating citizens' rights to freedoms of expression, association, and religion. Avoiding the familiar yet problematic responses to these issues, political theorist Corey Brettschneider proposes a new approach called value democracy. The theory of value democracy argues that the state should protect the right to express illiberal beliefs, but the state should also engage in democratic persuasion when it speaks through its various expressive capacities: publicly criticizing, and giving reasons to reject, hate-based or other discriminatory viewpoints.

Distinguishing between two kinds of state action -- expressive and coercive -- Brettschneider contends that public criticism of viewpoints advocating discrimination based on race, gender, or sexual orientation should be pursued through the state's expressive capacities as speaker, educator, and spender. When the state uses its expressive capacities to promote the values of free and equal citizenship, it engages in democratic persuasion. By using democratic persuasion, the state can both respect rights and counter hateful or discriminatory viewpoints. Brettschneider extends this analysis from freedom of expression to the freedoms of religion and association, and he shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.

Keywords: free speech, free exercise, democracy

Suggested Citation

Brettschneider, Corey L., When the State Speaks, What Should it Say? How Democracies Can Protect Expression and Promote Equality (Introduction) (2012). Corey Brettshcneider, "When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality", Princeton University Press, 2012 . Available at SSRN: https://ssrn.com/abstract=2112083

Corey Brettschneider (Contact Author)

Brown University - Department of Political Science ( email )

Box 1844
Providence, RI 02912
United States

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

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