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The Adversary First Amendment - Free Expression and the Foundations of American Democracy (Hardcover)
Loot Price: R1,640
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The Adversary First Amendment - Free Expression and the Foundations of American Democracy (Hardcover)
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"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.
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