Democracy and the problem of free speech
By: Cass R. Sunstein.
Publisher: The Free Press
Published: 1993
Place of publication: New York
Language: eng
Number of pages: 300
Subjects: Freedom of speech; Freedom of speech -- United States
First sentence: American children watch a good deal of television—about twenty-seven hours per week—and American television contains a good deal of advertising.
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.
Notes: Includes bibliographical references (p. 253-284) and index.
Table of contents: title: Preface and acknowledgments, vii; title: Introduction, xi; title: 1 The Contemporary First Amendment, 1; title: 2 A New Deal for Speech, 17; title: 3 Broadcasting, Politics, Liberty, 53; title: 4 Does the First Amendment Undermine Democracy?, 93; title: 5 Political Speech and the Two-Tier First Amendment, 121; title: 6 Discrimination and Selectivity: Hard Cases, especially Cross-burning and Hate Speech, 167; title: 7 More Hard Cases: Pornography, Government Arts Funding, and Coporate Speech, 209; title: 8 Deliberative Democracy, 241; title: Notes, 253; title: Index, 285