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THE TROUBLE WITH \PUBLIC DISCOURSE\ AS A LIMITATION ON FREE SPEECH RIGHTS
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THE TROUBLE WITH \PUBLIC DISCOURSE\ AS A LIMITATION ON FREE SPEECH RIGHTS
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Journal Article
THE TROUBLE WITH \PUBLIC DISCOURSE\ AS A LIMITATION ON FREE SPEECH RIGHTS
2011
Overview
Over the years, many have argued that the Free Speech Clause strongly protects only speech that is on a matter of \"public concern\" or is part of \"public discourse.\" I will argue that such a limitation is unsound even if one focuses on democratic self-government as the chief free speech value.
I will focus on responding to the arguments offered by Professors Robert Post and James Weinstein, who are probably today's leading exponents of the \"public discourse\" limitation. But I hope that what I say will also serve as a response to others who have made arguments similar to Post's and Weinstein's.
