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The adversary First Amendment : free expression and the foundations of American democracy / Martin H. Redish.

By: Redish, Martin H [author.].
Material type: TextTextSeries: JSTOR eBooks.Publisher: Stanford, California : Stanford Law Books, an imprint of Stanford University Press, [2013]Copyright date: ©2013Description: 1 online resource (x, 238 pages).Content type: text Media type: computer Carrier type: online resourceISBN: 9780804786348; 0804786348.Subject(s): Freedom of expression -- United States | Freedom of speech -- United States | Democracy -- United StatesAdditional physical formats: Print version:: Adversary First Amendment : Free Expression and the Foundations of American Democracy.DDC classification: 323.440973 LOC classification: KF4770 | .R428 2013Online resources: Click here to view this ebook.
Contents:
Introduction: the First Amendment and American democracy -- Adversary democracy and American political theory -- Cooperative democracy and public discourse: the flawed free speech theories of Robert Post and Alexander Meiklejohn -- Commercial speech and the twilight zone of viewpoint discrimination -- The anticorruption principle, free expression, and the democratic process -- Adversary democracy, political fraud, and the dilemma of anonymity -- Conclusion: the optimistic skepticism of the adversary First Amendment.
Summary: This study presents a unique and controversial rethinking of the intersection between modern American democratic theory and free expression. It 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 recognises 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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Electronic Book UT Tyler Online
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KF4770 .R428 2013 (Browse shelf) https://ezproxy.uttyler.edu/login?url=https://www.jstor.org/stable/10.2307/j.ctvqsdt6t Available ocn847968141

Includes bibliographical references (pages 185-235) and index.

Introduction: the First Amendment and American democracy -- Adversary democracy and American political theory -- Cooperative democracy and public discourse: the flawed free speech theories of Robert Post and Alexander Meiklejohn -- Commercial speech and the twilight zone of viewpoint discrimination -- The anticorruption principle, free expression, and the democratic process -- Adversary democracy, political fraud, and the dilemma of anonymity -- Conclusion: the optimistic skepticism of the adversary First Amendment.

Print version record.

This study presents a unique and controversial rethinking of the intersection between modern American democratic theory and free expression. It 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 recognises 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.

Reviews provided by Syndetics

CHOICE Review

Redish (Northwestern Univ. School of Law) presents an interesting new approach to explaining the importance of freedom of expression in American political discourse. He offers an individualistic twist on Supreme Court Justice Oliver Wendell Holmes's notion of the "marketplace of ideas" where passionate adversaries engage in an intellectual battle and victory is defined by the degree of influence on the political arena. The book is not for everyone because of its legalistic tone and terminology, but, of course, there is no doubt that this was the author's intent. His argument would be better served using obscenity (rather than commercial speech) as a case study because one person's obscenity is another's artistic expression, and so it would seem to be the quintessential example of adversary democracy. On the whole, the author should be commended for an excellent book that is well researched and very timely; freedom of expression is seemingly always being challenged by world events, so a passionate defense is always welcome. Summing Up: Recommended. Graduate, research, and professional collections. B. W. Monroe Prairie View A&M University

Author notes provided by Syndetics

Martin H. Redish is the Louis and Harriet Ancel Professor of Law and Public Policy at Northwestern University School of Law. He is the author of Wholesale Justice (Stanford, 2008) and The Logic of Persecution (Stanford, 2004).

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