This chapter focuses on two concepts that figure most prominently in the constitution of electoral speech law: “electoral superintendence” and the “marketplace of ideas.” It shows that “electoral superintendence” represents the general supervisory capacity the U.S. Supreme Court has assumed in electoral process cases since about World War II, while the concept of a “marketplace of ideas” has developed from Justice Oliver Wendell Holmes's famous contemplation of the potential for “free trade in ideas” to serve as the vehicle for evaluating competing claims and ultimately realizing the social good in the realm of expression. The chapter begins with an exploration of the essence and evolution of “superintendence,” as this notion encapsulates the Court's involvement in the organization of American politics.
Stanford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
If you think you should have access to this title, please contact your librarian.
To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.