Democracy and the problem of free speech

Democracy and the problem of free speech

By Cass R. Sunstein

Subjects: Recht van meningsuiting, United States, Freedom of speech

Description: Sunstein focus the free-market approach to free-speech regulation with a Madisonian emphasis on discourse in a deliberative democracy. The laissez-faire framework for regulation are replaced by a two-tier framework that slots political, deliberative speech in the first tier and other forms of protected speech in the second tier; most currently out-of-bounds speech (libel, unlicensed medical speech, and so on) remain out of bounds. First-tier speech regulations require much more stringent justifications than do second-tier speech regulations.

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