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Democracy and the problem of free speech

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Should state or federal governmental units regulate pornography? Are existing constitutional standards clear enough to create and enforce restrictions on printed materials? In this article the author posits that the federal government should not attempt to curb offensive sexually explicit speech or printed works. However, he argues that the government has the authority to craft regulations addressing narrow issues related to materials combining sex with violence or coercion.

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Reprinted with the permission of the Free Press, an imprint of Simon & Schuster Inc. fromDemocracy and the Problem of Free Speech.

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Sunstein, C. Democracy and the problem of free speech. Publishing Research Quarterly 11, 58–72 (1995). https://doi.org/10.1007/BF02680544

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  • DOI: https://doi.org/10.1007/BF02680544

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