MEIKLEJOHN, HOCKING, AND SELF-GOVERNMENT THEORY

被引:0
|
作者
Bates, Stephen [1 ]
机构
[1] Univ Nevada, Greenspun Sch Journalism & Med Studies, Las Vegas, NV 89154 USA
关键词
1ST AMENDMENT; FREEDOM; 1ST-AMENDMENT; EXPRESSION; SPEECH;
D O I
10.1080/10811680.2021.1937003
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The philosopher Alexander Meiklejohn ranks among the most renowned First Amendment theorists. In Free Speech and Its Relation to Self-Government, published in 1948, he lays out four propositions: The First Amendment is intended to facilitate political discourse; its principal concern is the rights of listeners rather than those of speakers; the government has an affirmative obligation to improve the system of free expression; and effective political deliberation requires structure and rules. Together, these propositions add up to Meiklejohn's self-government theory of the First Amendment. But he was not the first: All four propositions appear in a book published a year earlier by another philosopher, William Ernest Hocking, a member of the Commission on Freedom of the Press. This article critically examines the two men's versions of self-government theory in the context of their backgrounds, their political philosophies, and their animating concerns about free speech.
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页码:265 / 311
页数:47
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