The Adversary First Amendment: Free Expression and the Foundations of American Democracy
The Adversary First Amendment: Free Expression and the Foundations of American Democracy
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Abstract
The book presents a unique and controversial rethinking of the intersection between modern American democratic theory and free expression. Most free speech scholars view freedom of expression as a vehicle for fostering democracy. However, most do so by relying upon communitarian, cooperative or collectivist democratic theories. This book reshapes free speech as an outgrowth of adversary democracy, arguing that individuals should have the opportunity to affect the outcomes of collective decision-making according to their own personal values and interests. Adversary democracy recognizes the inevitability of conflict within a democratic society, as well as the need for regulation of the conflict to prevent the onset of tyranny. In doing so, it embraces pluralism, diversity and individual growth and development
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Front Matter
- CHAPTER ONE Introduction: The First Amendment and American Democracy
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CHAPTER TWO
Adversary Democracy and American Political Theory
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CHAPTER THREE
Cooperative Democracy and Public Discourse: The Flawed Free Speech Theories of Robert Post and Alexander Meiklejohn
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CHAPTER FOUR
Commercial Speech and the Twilight Zone of Viewpoint Discrimination
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CHAPTER FIVE
The Anticorruption Principle, Free Expression, and the Democratic Process
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CHAPTER SIX
Adversary Democracy, Political Fraud, and the Dilemma of Anonymity
- CHAPTER SEVEN Conclusion: The Optimistic Skepticism of the Adversary First Amendment
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End Matter
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