Freedom of Speech in Zechariah Chafee, Jr. Theorizing: The Marketplace of Ideas and the Balanzing of Constitutional Interests in Conflict
DOI:
https://doi.org/10.17811/hc.v0i24.951Keywords:
Freedom of speech, First Amendment, Zechariah Chafee, Jr., marketplace of ideas, balancing of constitucional interests in conflictAbstract
In the first half of the 20th century, Zechariah Chafee, Jr.’s theorizing about the scope of the free speech clause of the First Amendment of the U.S. Constitution builds on the century-old tradition of the "marketplace of ideas," inaugurated by John Milton's Areopagitica and continued by Benjamin Franklin, Thomas Jefferson, John Stuart Mill, and Oliver W. Holmes, as well as on his original theory on balancing the relevant constitutional interests in conflict, arguing that freedom of speech is a preferential constitutional interest because it contributes to the attainment of the truth in a democratic society and to enhancing the inescapable individual and collective dynamism necessary for the progress of the political and social system.
Enviado el (Submission Date): 08/04/2023
Aceptado el (Acceptance Date): 12/05/2023
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Copyright (c) 2023 María Nieves Saldaña Díaz
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