Ronald J Krotoszynski Jr.Cambridge University Press, 10/3/2019EAN 9781108722919, ISBN10: 1108722911Paperback, 410 pages, 22.9 x 15.2 x 2.6 cmLanguage: EnglishThe standard account of the First Amendment presupposes that the Supreme Court has consistently expanded the scope of free speech rights over time. This account holds true in some areas, but not in others. In this illuminating work, Ronald J. Krotoszynski, Jr acknowledges that the contemporary Supreme Court rigorously enforces the rules against content and viewpoint discrimination for those who possess the wherewithal to speak but when citizens need the government's assistance to speak - for example, access to public property for protest - free speech rights have declined. Instead of using open-ended balancing tests, the Roberts and Rehnquist Courts have opted for bright line, categorical rules that minimize judicial discretion. Opportunities for democratic engagement could be enhanced, however, if the federal courts returned to the Warren Court's balancing approach and vested federal judges with discretionary authority to require government to assist would-be speakers. This book should be read by anyone concerned with free speech and its place in democratic self-government.1. Two steps forward, one step backon the decline of expressive freedoms under the Roberts and Rehnquist Courts2. The public forum doctrine and reduced access to government property for speech activity3. The First Amendment as a source of positive rightsthe Warren Court and First Amendment easements to private property4. Whistleblowing speech and democratic accountabilitythe growing problem of reduced First Amendment protection for government employee speech5. Shedding their constitutional rights at the schoolhouse gatethe decline of freedom of speech for students and teachers in the nation's public schools, colleges, and universities6. Transborder speechusing the accident of geography as a makeweight justification for suppressing expressive freedoms7. Systemic failures to protect newsgathering activities by professional journalists and amateur citizen-journalists alike8. The citizen as government sock-puppet and the state masquerading as a citizenthe problem of coerced and mis-attributed speech9. Using constitutionally permissible statutes to impede first amendment activitythe Supreme Court's failure to address the abuse of discretionary authority by police, prosecutors, and other non-judicial actors10. Conclusion enhancing speech and promoting democracythe necessary role of the state in promoting democratic deliberation among citizen-speakersIndex.
