The Adversary First AmendmentFree Expression and the Foundations of American Democracy

The Adversary First AmendmentFree Expression and the Foundations of American Democracy

Martin H. Redish

Print publication date: 2013

ISBN: 9780804772150

Publisher: Stanford University Press

Abstract

The book presents a unique and controversial rethinking of the intersection between modern American democratic theory and free expression. Most free speech scholars view freedom of expression as a vehicle for fostering democracy. However, most do so by relying upon communitarian, cooperative or collectivist democratic theories. This book reshapes free speech as an outgrowth of adversary democracy, arguing that individuals should have the opportunity to affect the outcomes of collective decision-making according to their own personal values and interests. Adversary democracy recognizes the inevitability of conflict within a democratic society, as well as the need for regulation of the conflict to prevent the onset of tyranny. In doing so, it embraces pluralism, diversity and individual growth and development