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Managed SpeechThe Roberts Court's First Amendment$
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Gregory P. Magarian

Print publication date: 2017

Print ISBN-13: 9780190466794

Published to Oxford Scholarship Online: March 2017

DOI: 10.1093/acprof:oso/9780190466794.001.0001

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Managed Speech and Beyond

Managed Speech and Beyond

Confronting the Roberts Court’s First Amendment

(p.227) Chapter 9 Managed Speech and Beyond
Managed Speech

Gregory P. Magarian

Oxford University Press

This chapter explains and critiques managed speech as the Roberts Court’s mode of First Amendment doctrine. Managed speech has three core elements: empowering stable, responsible institutions, both governmental and private, to exercise managerial control over public discussion; disfavoring First Amendment claims from social and political outsiders who challenge dominant norms and institutions; and strongly promoting social and political stability. Managed speech fits a conservative intellectual tradition that extends from Edmund Burke’s conception of bounded liberty to Robert Bork’s proposals for limiting First Amendment protection to conventional political speech. This chapter closes the book by advocating an alternative approach to First Amendment doctrine under the author’s preferred normative model for constitutional speech protection, dynamic diversity. That approach would entail heightened attention to First Amendment issues in the mass media, allowance for reasonable regulations of money in politics, and increased judicial efforts to distribute expressive opportunities.

Keywords:   U.S. Supreme Court, Roberts Court, First Amendment, free speech, managed speech, social stability, political stability, dissent, conservatism, dynamic diversity

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