Americans often believe that the First Amendment and free speech
are synonymous and that all restrictions on speech can be addressed
by the legal framework of the First Amendment. Political theorist
Samuel P. Nelson argues that the current legal framework for free
speech actually undermines attempts to resolve many of these issues
and that the law of the First Amendment has supplanted the vital
politics of free speech.
To cut through the confusion, Nelson takes a step back from the
First Amendment framework to understand the social nature of
speech, moving toward a more pluralistsic and value-based
understanding. He examines three philosophies commonly used to
justify speech protection -- libertarianism, expressivism, and
egalitarianism -- and finds none of them sufficiently responsive in
today's contemporary political landscape.
Advocating an approach grounded in value pluralism -- which
describes a wider variety of free speech claims than the First
Amendment allows -- Nelson pushes the debate beyond constitutional
and legal questions.
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