Democracy and the Problem of Free Speech

Paperback | February 1, 1995

byCass R. Sunstein

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Freedom of speech is one of our greatest legal rights and Cass Sunstein is one of our greatest legal theorists. This book is a must read for anyone who wants to think seriously about the free speech issues facing this generation.
--
Akhil Amar, Southmayd Professor, Yale Law School

This is an important book. Beautifully clear and carefully argued, Sunstein's contribution reaches well beyond the confines of academic debate. It will be of interest to any citizen concerned about freedom of speech and the current state of American democracy.
--
Joshua Cohen, Massachusetts Institute of Technology

How can our constitutional protection of free speech serve to strengthen democracy? Cass Sunstein challenges conventional answers with a remarkable array of lucid arguments and legal examples. There is no better book on the subject.
--
Amy Gutmann, Laurance S. Rockefeller University Professor, Princeton University

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From Our Editors

The right to free speech is invoked to protect an astonishing range of activities, a range that seems to expand every day. Newspapers publish the names of rape victims, flags are burned, pornography flourishes, and all of these controversial actions are protected under the constitutional right of free speech. The Supreme Court increasi...

From the Publisher

Freedom of speech is one of our greatest legal rights and Cass Sunstein is one of our greatest legal theorists. This book is a must read for anyone who wants to think seriously about the free speech issues facing this generation.-- Akhil Amar, Southmayd Professor, Yale Law SchoolThis is an important book. Beautifully clear and carefull...

From the Jacket

The right to free speech is invoked to protect an astonishing range of activities, a range that seems to expand every day. Newspapers publish the names of rape victims, flags are burned, pornography flourishes, and all of these controversial actions are protected under the constitutional right of free speech. The Supreme Court increasi...

Cass R. Sunstein is a law professor at Harvard Law School and is the most cited law professor in the United States.

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Format:PaperbackDimensions:344 pages, 9.25 × 6.12 × 1 inPublished:February 1, 1995Publisher:Free Press

The following ISBNs are associated with this title:

ISBN - 10:0028740009

ISBN - 13:9780028740003

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From Our Editors

The right to free speech is invoked to protect an astonishing range of activities, a range that seems to expand every day. Newspapers publish the names of rape victims, flags are burned, pornography flourishes, and all of these controversial actions are protected under the constitutional right of free speech. The Supreme Court increasingly decides disputes by invoking the First Amendment. Civil libertarians, former antiwar protesters, and tobacco advertisers join revisionist conservatives in attacking almost all forms of censorship, extending the search to the farthest reaches of commercial and symbolic speech. In short, we are in the midst of a revolution of absolutist interpretations of free expression. The absolutists are misguided, argues Cass Sunstein. Our government now protects speech that causes harm yet forbids speech that is essential, he says. Instead, we should conceive of free speech first and foremost as a means to achieve civic deliberation and true popular sovereignty. Building on James Madison, Sunstein proposes a "New Deal" for the first Amendmen