Cover: The First Amendment, Democracy, and Romance, from Harvard University PressCover: The First Amendment, Democracy, and Romance in E-DITION

The First Amendment, Democracy, and Romance

Available from De Gruyter »

Product Details


$65.00 • £54.95 • €60.00

ISBN 9780674418646

Publication Date: 08/01/1990

285 pages


Related Subjects

Harvard University Press has partnered with De Gruyter to make available for sale worldwide virtually all in-copyright HUP books that had become unavailable since their original publication. The 2,800 titles in the “e-ditions” program can be purchased individually as PDF eBooks or as hardcover reprint (“print-on-demand”) editions via the “Available from De Gruyter” link above. They are also available to institutions in ten separate subject-area packages that reflect the entire spectrum of the Press’s catalog. More about the E-ditions Program »

  • Acknowledgments
  • Introduction
  • 1. The First Amendment and Social Engineering
    • Absolutism, Definitional Balancing, and Ad Hoc Balancing
    • The Distinction between the Content Track and the Conduct Track: The Weakness of Its Foundation
    • The Distinction between the Content Track and the Conduct Track Applied
    • The First Amendment and Standards of Review
    • Objections, Clarifications, and Caveats: Attempts to Kill the Fox and Rescue the Hedgehog
    • When the Dust Clears
  • 2. The First Amendment and Democracy
    • The First Amendment and Alexander Meiklejohn: The Seeds Planted
    • The Political Center and the Nonprotected Fringe
    • Democracy and Constitutional Law
    • Majority Rule and the Structure of Power
    • Majority Rule in Practice
    • Democracy as a Contested But Bounded Concept
    • Democracy and Dissent: Emerson, Whitman, and Free Speech
  • 3. The First Amendment and Dissent
    • American Culture and the Affirmative Side of the First Amendment
    • Individualism, Association, and Truth
    • Dissent and Change
    • The Scope of Dissent and Its Limits
    • The Difference Dissent Makes
  • 4. The First Amendment and Method
    • The First Amendment and Kantian Theory: Confronting Complexity
    • The Rhetorical Appeal of Kantian Theory
    • Kantian Theory: A Final Assessment
    • Eclectic Theory and the First Amendment
  • 5. The First Amendment and Romance
    • The Relevance of Romance to Dissent and Democracy
    • “Solving” the Romantic Puzzle
  • Notes
  • Index

From Our Blog

Jacket: Out of My Skull: The Psychology of Boredom, by James Danckert and John D. Eastwood, from Harvard University Press

Responding to Boredom during Self-Isolation

No one likes to be bored, but it’s almost inevitable during this time of social distancing and self-quaratine. John D. Eastwood, coauthor of Out of My Skull: The Psychology of Boredom, explains some things that we know about boredom, how to address it—and even what we can gain from it. We have been here before. During the SARS outbreak of 2003, upwards of 23,000 people in the Greater Toronto Area were quarantined. House

‘manifold glories of classical Greek and Latin’

The digital Loeb Classical Library ( extends the founding mission of James Loeb with an interconnected, fully searchable, perpetually growing virtual library of all that is important in Greek and Latin literature.