The standard account of the First Amendment presupposes that the
Supreme Court has consistently expanded the scope of free speech
rights over time. This account holds true in some areas, but not in
others. In this illuminating work, Ronald J. Krotoszynski, Jr
acknowledges that the contemporary Supreme Court rigorously enforces
the rules against content and viewpoint discrimination for those who
possess the wherewithal to speak but when citizens need the
government's assistance to speak - for example, access to public
property for protest - free speech rights have declined. Instead of
using open-ended balancing tests, the Roberts and Rehnquist Courts
have opted for bright line, categorical rules that minimize judicial
discretion. Opportunities for democratic engagement could be enhanced,
however, if the federal courts returned to the Warren Court's
balancing approach and vested federal judges with discretionary
authority to require government to assist would-be speakers. This book
should be read by anyone concerned with free speech and its place in
democratic self-government.
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Produktdetaljer
ISBN
9781108598019
Publisert
2019
Utgiver
Cambridge University Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter