Article title Participatory Democracy as the Central Value of American Free Speech Doctrine
Name of magazine Scientific-practical professional journal
«Law of the USA» (Ukrainian language)
Issue 1-2/2013
Сторінки [178-193]
Annotation This article defends the view that contemporary American free speech doctrine is best explained as assuring the opportunity for individuals to participate in the speech by which we govern ourselves. It argues that this democracy-based theory is both descriptively powerful and normatively attractive. Descriptively, no other theory provides nearly as good an explanation of the actual pattern of the Supreme Court’s free speech decisions. Normatively, this theory is appealing because it is firmly rooted in a value to which virtually everyone in our society adheres.
Keywords First Amendment, free speech, democracy, autonomy, U.S. Constitution, participate, expression.