Book contents
- Free Speech in the Balance
- Free Speech in the Balance
- Copyright page
- Dedication
- Contents
- Preface
- Acknowledgments
- Part I Theory
- 1 Formalism and Categorical Doctrine
- 2 Dominant Academic Approaches to Free Speech
- 3 Free Speech and Proportionality
- 4 Civic Community and Social Context
- Part II Application
- Notes
- Index
3 - Free Speech and Proportionality
from Part I - Theory
Published online by Cambridge University Press: 06 November 2020
- Free Speech in the Balance
- Free Speech in the Balance
- Copyright page
- Dedication
- Contents
- Preface
- Acknowledgments
- Part I Theory
- 1 Formalism and Categorical Doctrine
- 2 Dominant Academic Approaches to Free Speech
- 3 Free Speech and Proportionality
- 4 Civic Community and Social Context
- Part II Application
- Notes
- Index
Summary
There is an alternative to the Supreme Court’s strict categorical interpretation, a method that uses balancing analysis within the context of specific cases. The First Amendment of the United States Constitution empowers individuals to participate in a pluralistic society. It prevents federal and state governments from inhibiting the exchange of ideas by placing restrictions on their messages and perspectives. Communications operationalize representative democracy and enable individuals to express organized thoughts, wondering musings, normative ideals, business ventures, political affiliations, novel notions, and collective aims.
- Type
- Chapter
- Information
- Free Speech in the Balance , pp. 40 - 56Publisher: Cambridge University PressPrint publication year: 2020