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Cultural Democracy And The First Amendment, Jack M. Balkin Oct 2016

Cultural Democracy And The First Amendment, Jack M. Balkin

Northwestern University Law Review

Freedom of speech secures cultural democracy as well as political democracy. Just as it is important to make state power accountable to citizens, it is also important to give people a say over the development of forms of cultural power that transcend the state. In a free society, people should have the right to participate in the forms of meaning-making that shape who they are and that help constitute them as individuals.

The digital age shows the advantages of a cultural theory over purely democracy-based theories. First, the cultural account offers a more convincing explanation of why expression that seems …


The Calm After The Storm: First Amendment Cases In The Supreme Court’S 2000-2001 Term, Joel Gora Mar 2016

The Calm After The Storm: First Amendment Cases In The Supreme Court’S 2000-2001 Term, Joel Gora

Touro Law Review

No abstract provided.