Democracy and the Problem of Free Speech
Via Wikipedia:
"In his book Democracy and the Problem of Free Speech Sunstein says there is a need to reformulate First Amendment law. He thinks that the current formulation, based on Justice Holmes' conception of free speech as a marketplace “disserves the aspirations of those who wrote America’s founding document." The purpose of this reformulation would be to “reinvigorate processes of democratic deliberation, by ensuring greater attention to public issues and greater diversity of views.” He is concerned by the present “situation in which like-minded people speak or listen mostly to one another,” and thinks that in “light of astonishing economic and technological changes, we must doubt whether, as interpreted, the constitutional guarantee of free speech is adequately serving democratic goals.” He proposes a “New Deal for speech [that] would draw on Justice Brandeis' insistence on the role of free speech in promoting political deliberation and citizenship."
Why this is progressive/liberal: Despite conservative claims to the contrary, Sunstein is a moderate liberal. For example, he endorsed Bush's choice of John Roberts for Supreme Court Chief Justice. What makes this book important for progressives is that liberals often fall down when it comes to protecting free speech. From concerns about political correctness to advocating for legislation to halt hate speech, liberals and progressives sometimes find themselves at odds over what speech should be protected and what speech should not. You may not agree with every aspect of Sunstein's argument, but at least he's making one. Along the way he brings up many interesting ideas worth considering.
Buy the Kindle version: Democracy and the Problem of Free Speech
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