Dissent, Democratic Participation, and First Amendment Methodology

9 Pages Posted: 15 Oct 2014

Date Written: April 13, 2011


Too many values interact in too many complicated ways to expect that a single value, or small set of values, would emerge as the transcendent master value in resolving freedom of speech questions. Because of this, an eclectic approach is both the most descriptive and the best normative methodology with which to approach free speech issues. It follows that a politically centered approach to the First Amendment is overly limited. Indeed, I will argue that if one is forced to find a center for the First Amendment, the protection and promotion of dissent is far more promising.

Keywords: Free speech, First Amendment, intellectual property, self-government

Suggested Citation

Shiffrin, Steven H., Dissent, Democratic Participation, and First Amendment Methodology (April 13, 2011). Virginia Law Review, Vol. 97, No. 3, 2011; Cornell Legal Studies Research Paper No. 14-32. Available at SSRN: https://ssrn.com/abstract=2509523

Steven H. Shiffrin (Contact Author)

Cornell University - Law School ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States

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