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Democracy, Expertise, and Academic Freedom: A First Amendment Jurisprudence for the Modern State

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Democracy, Expertise, and Academic Freedom: A First Amendment Jurisprudence for the Modern State Cover

 

Synopses & Reviews

Publisher Comments:

A leading American legal scholar offers a surprising account of the incompleteness of prevailing theories of freedom of speech. Robert C. Post shows that the familiar understanding of the First Amendment, which stresses the “marketplace of ideas” and which holds that "everyone is entitled to an opinion," is inadequate to create and preserve the expert knowledge that is necessary for a modern democracy to thrive. For a modern society reliably to answer such questions as whether nicotine causes cancer, the free and open exchange of ideas must be complemented by standards of scientific competence and practice that are both hierarchical and judgmental.

Post develops a theory of First Amendment rights that seeks to explain both the need for the free formation of public opinion and the need for the distribution and creation of expertise. Along the way he offers a new and useful account of constitutional doctrines of academic freedom. These doctrines depend both upon free expression and the necessity of the kinds of professional judgment that universities exercise when they grant or deny tenure, or that professional journals exercise when they accept or reject submissions.

Synopsis:

A leading legal scholar develops a theory of First Amendment rights and academic freedom that reconciles the need for democratic legitimation with the need to develop and distribute professional expertise.

About the Author

Robert C. Post is Sol & Lillian Goldman Professor of Law and Dean of the Yale Law School.

Product Details

ISBN:
9780300192490
Author:
Post, Robert C.
Publisher:
Yale University Press
Subject:
Constitutional
Subject:
Education-Higher Education
Subject:
Law | Constitutional Law
Copyright:
Edition Description:
Trade Paper
Publication Date:
20130431
Binding:
TRADE PAPER
Language:
English
Pages:
192
Dimensions:
8 x 5.06 in 0.8 lb

Related Subjects

Business » General
Education » Higher Education
Education » School Reform and Controversy
History and Social Science » Law » Constitutional Law
History and Social Science » Politics » United States » Politics

Democracy, Expertise, and Academic Freedom: A First Amendment Jurisprudence for the Modern State New Trade Paper
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Product details 192 pages Yale University Press - English 9780300192490 Reviews:
"Synopsis" by ,
A leading legal scholar develops a theory of First Amendment rights and academic freedom that reconciles the need for democratic legitimation with the need to develop and distribute professional expertise.
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