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

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$65.00 • £54.95 • €60.00

ISBN 9780674418646

Publication Date: 08/01/1990

285 pages


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  • 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

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