TITLE

UNDERSTANDING POST'S AND MEIKLEJOHN'S MISTAKES: THE CENTRAL ROLE OF ADVERSARY DEMOCRACY IN THE THEORY OF FREE EXPRESSION

AUTHOR(S)
Redish, Martin H.; Mollen, Abby Marie
PUB. DATE
July 2009
SOURCE
Northwestern University Law Review;Summer2009, Vol. 103 Issue 3, p1303
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article discusses the democratic theories on the First Amendment of Alexander Meiklejohn and Robert Post. It cites the two principles that any democratic theory should have namely the principle of self-rule and autonomy of public opinion from government. It concludes that Mieklejohn and Posts' democratic theories of the First Amendment failed to grasp the true nature of autonomy imminent to any viable form of democracy and their failure to acknowledge the centrality of the adversary element in a democracy is the fundamental flaw in their theories.
ACCESSION #
44059639

 

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