Kermit Roosevelt III* I do not teach the First Amendment, and when I started thinkshould be viewed with suspicion. The focus of analysis, in short, ing about my paper for this conference, I realized the first thing should be the quality of the discursive environment rather than I needed to do was to figure out just what the "new First the rights of individuals. The bête noire for the realists is thus the Amendment" was. Reassuringly, it turned out, as best I can tell, Supreme Court's statement in Buckley v. Valeo that "the concept to be the same First Amendment that that government may restrict the was new a decade or so ago. The new speech of some elements of our society The bête noire for the realists is thus First Amendment, as I will be using the in order to enhance the relative voice the Supreme Court's statement in term in this paper, is essentially what of others is wholly foreign to the First Buckley v. Valeo that "the concept Chris Eisgruber refers to in his paper as Amendment."3 that government may restrict the This brief statement of the theory the "optimal flourishing" conception speech of some
The Good Society – Penn State University Press
Published: Jan 12, 2005
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