The First Amendment, Democracy, and Romance

If an organizing symbol makes sense in First Amendment jurisprudence, it is not the image of a content-neutral government, argues Steven Shiffrin, nor is it a town-hall meeting or even a robust marketplace of ideas. If the First Amendment is to have an organizing symbol, let it be an Emersonian symbol: let it be the image of the dissenter.

Originally published in 1993.

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[Shiffrin] masterfully makes the best case for an enduring constitutional and cultural love affair with the First Amendment.---Ronald Collins, ABA Journal

[Surprises] are in store for readers of [this book]. The biggest one is that [Shiffrin's] First Amendment exemplars aren't such history-making United States Supreme Court justices as Oliver Wendell Holmes and William J. Brennan but Walt Whitman and Ralph Waldo Emerson.---Herbert Mitgang, The New York Times