Dissent, Democratic Participation, and First Amendment Methodology

Abstract

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