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The Adversary First Amendment – Free Expression and the Foundations of American Democracy - Stanford Scholarship Online
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The Adversary First Amendment: Free Expression and the Foundations of American Democracy

Martin H. Redish


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 inev ... More

Keywords: first amendment, free speech, adversary democracy, conflict, right to oppose, supreme court, free expression and democracy theory, constitutional rights

Bibliographic Information

Print publication date: 2013 Print ISBN-13: 9780804772150
Published to Stanford Scholarship Online: September 2013 DOI:10.11126/stanford/9780804772150.001.0001


Affiliations are at time of print publication.

Martin H. Redish, author