Title: Democracy and the problem of free speech
First published: 1993
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.
Subjects: United States, Freedom of speech, Recht van meningsuiting
Places: United States