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The Disappearing First Amendment (Hardcover)
Loot Price: R3,091
Discovery Miles 30 910
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The Disappearing First Amendment (Hardcover)
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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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