By Robert C. Post
A leading American felony pupil bargains a shocking account of the incompleteness of triumphing theories of freedom of speech. Robert C. put up exhibits that the common realizing of the 1st modification, which stresses the “marketplace of principles” and which holds that "everyone is entitled to an opinion," is insufficient to create and shield the professional wisdom that's valuable for a contemporary democracy to thrive. For a contemporary society reliably to reply to such questions as even if nicotine reasons melanoma, the unfastened and open trade of rules needs to be complemented through criteria of medical competence and perform which are either hierarchical and judgmental.
Post develops a thought of First modification rights that seeks to give an explanation for either the necessity for the unfastened formation of public opinion and the necessity for the distribution and construction of craftsmanship. alongside the way in which he deals a brand new and worthwhile account of constitutional doctrines of educational freedom. those doctrines count either upon loose expression and the need of the categories judgment that universities workout once they provide or deny tenure, or that pro journals workout once they settle for or reject submissions.
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Extra resources for Democracy, Expertise, and Academic Freedom: A First Amendment Jurisprudence for the Modern State
Example text
My question in this chapter is whether we can discern distinct First Amendment doctrines designed to protect the social practices that produce and distribute disciplinary knowledge. ” Democratic competence refers to the cognitive empowerment of persons within public discourse, which in part depends on their access to disciplinary knowledge. Cognitive empowerment is necessary both for intelligent self-governance and for the value of democratic legitimation. To theorize the value of democratic competence is to confront a seeming paradox.
What we characterize as expert knowledge, by contrast, is not to be determined by the indiscriminate engagement of all. Technical beliefs do not become reliable merely because they are widely shared. 6 These standards cannot constitutionally be enforced within public discourse. The state can enforce them only within some venue outside of public discourse in which the need for producing reliable knowledge subordinates the egalitarian principle of democratic legitimation. An important qualification to this conclusion concerns factual truth.
Office). Set in Bulmer type by Integrated Publishing Solutions. Printed in the United States of America. Library of Congress Cataloging-in-Publication Data Post, Robert, 1947– Democracy, expertise, and academic freedom : a First Amendment jurisprudence for the modern state / Robert C. Post. p. cm. Includes index. ISBN 978-0-300-14863-3 (hardback) 1. Freedom of speech—United States. 2. United States. Constitution. 1st Amendment. 3. Academic freedom— United States. I. Title. 7308'53—dc23 2011025711 A catalogue record for this book is available from the British Library.