Chapter

Free Expression, Pluralist Democracy, and the Supreme Court

in Free Expression and Democracy in America

Published by University of Chicago Press

Published in print October 2008 | ISBN: 9780226240664
Published online March 2013 | e-ISBN: 9780226240749 | DOI: http://dx.doi.org/10.7208/chicago/9780226240749.003.0011
Free Expression, Pluralist Democracy, and the Supreme Court

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In the late 1920s and early to mid-1930s, republican democracy was crumbling and the practices of pluralist democracy were developing. While many of these changes in democratic government would not become apparent until later in the 1930s, many scholars had already begun talking about the workings of democracy by the middle of the decade. In this political and intellectual atmosphere, the justices' renewed interest in the free government–free expression maxim hardly seems coincidental. Rather, the free expression cases seemed to augur the coming of the 1937 turn and the Court's acceptance of pluralist democracy.

Keywords: republican democracy; free expression; pluralist democracy; free government

Chapter.  15370 words. 

Subjects: Constitutional and Administrative Law

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