641Nov 30 - Thursday, November 30, 2006 Topics, Judges and...

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Thursday, November 30, 2006 Topics, Judges and Interpreting Active Liberty -the constitution’s objective is to protect people (negative liberty) and promote participation (active liberty), it embodies both negative and positive liberty -judges are key actors in bringing about this liberty because they deliberate and choose and they interpret existing law -principle of active liberty: the need to make room for people to participate in democratic decision making, argues that the courts have a role in promoting participation -courts can not force people to participate, but can promote participation through deliberation Free Speech -if constitution is about participation and protection, then all elements under constitution should consist protection and participation too -first amendment cases, privacy, interpretation, equal protection of law -especially campaign and politics -as the be strong protection over freedom of speech in order to have participation -some scholars argue that making these kinds of categorical distinctions is a misplaced enterprise -why shouldn’t courts categorize? Because constitution does not -the democratic gov’t that the constitution creates regulates many speech relate
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This note was uploaded on 04/27/2008 for the course LEGAL ST 641 taught by Professor Morales during the Fall '06 term at University of Wisconsin.

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641Nov 30 - Thursday, November 30, 2006 Topics, Judges and...

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