The irony of freedom of speech

Author: (American) Fisher
Publisher:
Publish Date: 2005-05-01
Features: If a person's speech cannot be heard, how much freedom does their speech have? Not much freedom, Fisher argues in this sharp book, which points out that this is precisely the problem the amendment addresses. Fisher explains how restrictions on political campaign spending, hate speech, and obscene publications can be justified under the amendment rather than refuted by it, thereby reconstructing the relevant debates. He reminds us that the state can be a friend of freedom, protecting and nurturing speech that might otherwise go unheard, and that suppressing such speech could deprive our democracy of its full and rich expression. Inheriting the tradition of free speech theory from communitarianism, from William Brennan to Robert Bellah, Fisher argues that the amendment is intended to "broaden the conditions for public discussion," not to protect individual self-expression. He powerfully reminds us that the prevalence of individual autonomy also has a cost—the fragmentation of an atomistic society, and a more inclusive yet increasingly incomprehensible public discourse. —Jeffrey Rosen, "The New York Times Book Review" Owen M. Fisher points out in this sharp book that this is precisely the problem the amendment addresses. Fisher explains how restrictions on political campaign spending, hate speech, and obscene publications can be justified under the amendment rather than refuted by it, thereby reconstructing the relevant debates. He reminds us that the state can be a friend of freedom, protecting and nurturing speech that might otherwise go unheard, and that suppressing such speech could deprive our democracy of its full and rich expression.