Skip to main content Accessibility help
×
Home
Hostname: page-component-99c86f546-n7x5d Total loading time: 0.461 Render date: 2021-12-01T02:17:03.217Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "metricsAbstractViews": false, "figures": true, "newCiteModal": false, "newCitedByModal": true, "newEcommerce": true, "newUsageEvents": true }

10 - Conclusion

Enhancing Speech and Promoting Democracy: The Necessary Role of the State in Promoting Democratic Deliberation among Citizen-Speakers

Published online by Cambridge University Press:  02 August 2019

Ronald J. Krotoszynski, Jr.
Affiliation:
University of Alabama
Get access

Summary

If we genuinely believe that the First Amendment exists to facilitate the process of democratic self-government, then the federal courts need to consider more carefully and more reliably the government’s duty to use public resources to support expressive activities related to democratic discourse. The Warren Court understood that equal citizenship required more than simply observing a rule of “one person, one vote” – although the Constitution certainly requires observation of this fundamental principle of political equality in designing electoral districts and conducting elections.1 The Warren Court consistently worked to deploy the First Amendment as a tool to create and support opportunities for democratic engagement within the body politic; it did not simply embrace a laissez faire free market approach to allocating the practical ability to exercise expressive freedoms.

The Warren Court repeatedly used the First Amendment as a source of affirmative, or positive, obligations on the government to facilitate, rather than impede, the exercise of expressive freedoms by ordinary citizens. The Burger Court failed to advance this jurisprudential agenda – but refrained from squarely overruling the Warren Court’s jurisprudential and doctrinal innovations. The Rehnquist and Roberts Courts, for the most part, have resiled from this project entirely.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Send book to Kindle

To send this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle.

Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Send book to Dropbox

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox.

Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

Available formats
×