Beschreibung:
The Adversary First Amendment presents a unique and controversial rethinking of modern American democratic theory and free speech. Most free speech scholars understand the First Amendment as a vehicle for or protection of democracy itself, relying upon cooperative or collectivist theories of democracy. Martin Redish reconsiders free speech in the context of adversary democracy, arguing that individuals should have the opportunity to affect the outcomes of collective decision-making according to their own values and interests.
1. Introduction: The First Amendment and American Democracy2. Adversary Democracy and American Political Theory
3. Cooperative Democracy and Public Discourse: The Flawed Free Speech Theories of Robert Post and Alexander Meiklejohn
4. Commercial Speech and the Twilight Zone of Viewpoint Discrimination
5. The Anticorruption Principle, Free Expression, and the Democratic Process
6. Adversary Democracy, Political Fraud, and the Dilemma of Anonymity
7. Conclusion: The Optimistic Skepticism of the Adversary First Amendment