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dc.contributor.authorPost, Robert
dc.date2021-11-25T13:34:45.000
dc.date.accessioned2021-11-26T11:46:04Z
dc.date.available2021-11-26T11:46:04Z
dc.date.issued1997-01-01T00:00:00-08:00
dc.identifierfss_papers/4652
dc.identifier.contextkey5327752
dc.identifier.urihttp://hdl.handle.net/20.500.13051/4166
dc.description.abstractPaul Bender has interesting and telling points to make, but a good many of them do not concern the paper I have actually published in this volume (or my work generally). Bender cogently argues, for example, that because democratic self-governance is not "the only reason for protecting speech in a democracy," "public discourse . . . is clearly not the entire realm of constitutionally protected free expression, nor should it be." I quite agree with Bender on this point, and I have never anywhere argued anything to the contrary. Indeed, I explicitly observe in my contribution to this volume that the theory of the "marketplace of ideas," which is limited to neither public discourse nor democracy, "does constitute a significant presence in First Amendment jurisprudence." The position that I actually defend is quite different from that attributed to me by Bender. It is that the value of democratic self-governance is the most powerful explanation of the general pattern of First Amendment decisions (and most particularly of its nationally idiosyncratic aspects), and that democratic self-governance is the only value that can convincingly account for the specific set of decisions protecting the abusive, outrageous and indecent speech that are of most concern in this Symposium.
dc.titleReply to Bender
dc.source.journaltitleFaculty Scholarship Series
refterms.dateFOA2021-11-26T11:46:04Z
dc.identifier.legacycoverpagehttps://digitalcommons.law.yale.edu/fss_papers/4652
dc.identifier.legacyfulltexthttps://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=5655&context=fss_papers&unstamped=1


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