The Adversary First Amendment

Free Expression and the Foundations of American Democracy

Nonfiction, Reference & Language, Law, Constitutional
Cover of the book The Adversary First Amendment by Martin H. Redish, Stanford University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Martin H. Redish ISBN: 9780804786348
Publisher: Stanford University Press Publication: June 12, 2013
Imprint: Stanford Law Books Language: English
Author: Martin H. Redish
ISBN: 9780804786348
Publisher: Stanford University Press
Publication: June 12, 2013
Imprint: Stanford Law Books
Language: English

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. Adversary democracy recognizes the inevitability of conflict within a democratic society, as well as the need for regulation of that conflict to prevent the onset of tyranny. In doing so, it embraces pluralism, diversity, and the individual growth and development deriving from the promotion of individual interests. Drawing on previous free speech scholarship and case studies of controversial speech, Redish advances a theory of free expression grounded in democratic notions of self-promotion and controlled adversary conflict, making a strong case for its application across such areas as commercial speech, campaign spending, and anonymous speech.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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. Adversary democracy recognizes the inevitability of conflict within a democratic society, as well as the need for regulation of that conflict to prevent the onset of tyranny. In doing so, it embraces pluralism, diversity, and the individual growth and development deriving from the promotion of individual interests. Drawing on previous free speech scholarship and case studies of controversial speech, Redish advances a theory of free expression grounded in democratic notions of self-promotion and controlled adversary conflict, making a strong case for its application across such areas as commercial speech, campaign spending, and anonymous speech.

More books from Stanford University Press

Cover of the book Transcendence by Martin H. Redish
Cover of the book Plant Theory by Martin H. Redish
Cover of the book This Atom Bomb in Me by Martin H. Redish
Cover of the book Theater of State by Martin H. Redish
Cover of the book The Culture of Diagram by Martin H. Redish
Cover of the book Reading the Hebrew Bible with Animal Studies by Martin H. Redish
Cover of the book Judicial Independence and the American Constitution by Martin H. Redish
Cover of the book Camp Sites by Martin H. Redish
Cover of the book Victims' Rights and Victims' Wrongs by Martin H. Redish
Cover of the book China's Futures by Martin H. Redish
Cover of the book Reinventing the Republic by Martin H. Redish
Cover of the book Uneasy Partnerships by Martin H. Redish
Cover of the book Mafia Raj by Martin H. Redish
Cover of the book The Other Adam Smith by Martin H. Redish
Cover of the book Convulsing Bodies by Martin H. Redish
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy