Free speech is an essential component to the operation of a representative government committed to equal rights and the general welfare of the people. The constitutional right to engage in open expression is designed to secure personal dignity, civic engagement, and flow of information. No generation of interpreters can claim to capture its full relevance to social cohesion. The broad statement found in the Constitution has long been the subject of evolving, sometimes inconsistent, constitutional meaning. Since the early twentieth century, the Supreme Court has been at the forefront of efforts to articulate the range of words, symbols, arts, and other objects or activities that the First Amendment protects. Interpretation takes into account a variety of constitutional contexts, principles, and discursive considerations. As Justice Sotomayor pointed in her dissent to Manhattan Community Access Corporation v. Halleck, the context within which a statement is said should be considered along with the actual words allegedly in violation of a law
Free Speech in the Balance is the first comprehensive study of proportional analysis in free speech theory. This book challenges the US Supreme Court's categorical approach and explains the importance of understanding the breadth of concerns arising from regulations directly and indirectly impacting expression. The author provides in-depth analysis of some of the important social and political principles governing topics of vital concern, including campaign financing, university speech codes, secondary school rules, incitement, and threats. This book should be read by students and scholars of free speech theory and anyone interested in learning more about the history of existing law, the issues of current importance, and trends in expressive significance
