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Democracy and the Problem of Free Speech
 
 
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Democracy and the Problem of Free Speech (Paperback)

by Cass R. Sunstein (Author) "AMERICAN CHILDREN WATCH A GOOD DEAL of television-about twenty-seven hours per week-and American television contains a good deal of advertising..." (more)
Key Phrases: listener autonomy, antipornography approach, false commercial speech, First Amendment, New Deal, New York Times (more...)
5.0 out of 5 stars  (1 customer review)

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Editorial Reviews

From Publishers Weekly
Calling for a "large-scale reassessment of the appropriate role of the First Amendment," University of Chicago law professor Sunstein here offers nuanced and provocative proposals for reform. After providing a primer on the contrasting developments in First Amendment law, he argues that the notion of free expression should be connected to the goal of creating a Madisonian "deliberative democracy." Thus, he criticizes "market theology" and calls for free media time for political candidates, and for federal guidelines--but not mandates--for coverage of public issues. Drawing on precedents regarding commercial speech, Sunstein proposes a lesser degree of protection for nonpolitical speech like advertising. He suggests allowing "deliberative" racist or sexist political speech, but not hateful epithets, which he compares to obscene phone calls. Convinced that there is a causal connection between pornography and violence against women, he endorses the proposal, advanced by legal scholar Catharine MacKinnon and feminist author Andrea Dworkin, for civil action against violent pornography. Sunstein is fuzzy on finding principles to govern taxpayer support for the arts. Still, his worthy book should stimulate valuable argument.
Copyright 1993 Reed Business Information, Inc. --This text refers to an out of print or unavailable edition of this title.

From Library Journal
To many, the First Amendment to the Constitution is clear and unambiguous: "Congress shall make no law abridging the freedom of speech, or of the press." Sunstein (jurisprudence & political science, Univ. of Chicago) instead analyzes the First Amendment under the Madisonian conception: that is, he links the amendment to the American vision of sovereignty and a specific idea of democracy. Arguing that the First Amendment has been changed from a Madisonian principle to a "species of neo-classical economics," he calls for a "New Deal" vision of the First Amendment in which political speech, so vital to a democracy, would be more fully protected than commercial speech. Though Sunstein analyzes the relationships among broadcasting, politics, and liberty and discusses issues raised by hate speech, cross burning, pornography, government arts funding, and corporate speech, his arguments will satisfy neither the free speech absolutists nor proponents of "politically correct" speech. For academic and law libraries.
- Sue Kamm, Inglewood P.L., Cal.
Copyright 1993 Reed Business Information, Inc. --This text refers to an out of print or unavailable edition of this title.

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Product Details

  • Paperback: 344 pages
  • Publisher: Free Press (February 1, 1995)
  • Language: English
  • ISBN-10: 0028740009
  • ISBN-13: 978-0028740003
  • Product Dimensions: 8.9 x 5.9 x 0.9 inches
  • Shipping Weight: 1.1 pounds (View shipping rates and policies)
  • Average Customer Review: