Document Type

Article

Publication Date

2011

Abstract

I think it is useful to search for a theory that has as one of its justifications its superior fit with either the case law or the fundamental commitments and shared understandings of the political community, preferably with both. So even if someone were to convince me that she has in hand a normatively superior theory of free speech, whether grounded in the commitment to democracy or otherwise, I would still be interested in what Professors Post and Weinstein are trying to do.

Disciplines

Constitutional Law | First Amendment | Law

Comments

Copyright is owned by the Virginia Law Review Association and the article is used by permission of the Virginia Law Review Association.

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