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The Adversary First AmendmentFree Expression and the Foundations of American Democracy$
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Martin H. Redish

Print publication date: 2013

Print ISBN-13: 9780804772150

Published to Stanford Scholarship Online: September 2013

DOI: 10.11126/stanford/9780804772150.001.0001

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The Anticorruption Principle, Free Expression, and the Democratic Process

The Anticorruption Principle, Free Expression, and the Democratic Process

Chapter:
(p.122) CHAPTER FIVE The Anticorruption Principle, Free Expression, and the Democratic Process
Source:
The Adversary First Amendment
Author(s):

Martin H. Redish

Publisher:
Stanford University Press
DOI:10.11126/stanford/9780804772150.003.0005

The Anticorruption Principle, Free Expression, and the Democratic Process Chapter abstract: This chapter critically explores the so-called "anticorruption principle," which posits that expression in the American political process is deserving of constitutional protection solely when it constitutes an attempt to contribute to the public good, rather than personal self-interest. The chapter explains why the principle is inconsistent with American history, constitutional theory, and democratic theory.

Keywords:   first amendment, obscenities and free speech, anticorruption principle, supreme court, constitutional obligations, viewpoint discrimination, paternalistic regulation, majoritarianism, citizen conduct and speech

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