Values File

n1 it is firmly settled that the public expression

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Unformatted text preview: quot;Democracy is a principle which recognizes mind as superior to matter, and moral and mental power over that of wealth or physical force. . . . Democracy is also a principle of reform; consequently, it must examine, compare, and analyze, and how can it do this without freedom of inquiry and discussion . . . ." n87 EQUAL OPP. FREE SPEECH ESSENTIAL TO DEMOCRACY Spencer Overton, Acting Professor of Law, University of California, Davis, "But Some Are More Equal: Race, Exclusion, and Campaign Finance," Texas Law Review, April, 2002. Burt Neuborne, for example, proposes a "democracy-centered" reading of the First Amendment, which views the constitutional provision "not only as a protector of individual autonomy, but also as the structural guarantor of a fair democratic process." n61 To Neuborne, the First Amendment not only protects individual autonomy from democracy but also protects democracy from harmful autonomy. n62 Collective decisionmaking is not necessarily best realized through the protection of individual First Amendment rights. Neuborne asserts that the First Amendment prioritizes campaign finance reforms that benefit democracy over a judicial mandate of unlimited spending that impairs democracy. WE HAVE A CONSTITUTIONAL RIGHT TO OFFESNIVE EXPRESSION WILLIAM P. MARSHALL, Galen J. Roush Professor of Law, Case Western Reserve University, Indiana Law Journal, Spring, 1991, p. 351 "If there is a bedrock principle underlying the First Amendment, it is that the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable." n1 "'It is firmly settled that . . . the public expression of ideas may not be prohibited merely because the ideas are themselves offensive to some of their hearers.'" n2 "[O]ne man's vulgarity is another's lyric." n3 With such words the Supreme Court has consistently asserted that the protection of the public from offensive communication does not constitute a sufficient reason for proscribing expres...
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