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.
Constitutional Law | First Amendment | Law
Vincent A. Blasi,
Democratic Participation and the Freedom of Speech: A Response to Post and Weinstein Responses,
Va. L. Rev.
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