The Carolene Products Paradigm of Participatory Democracy

2018 ◽  
Author(s):  
John Attanasio
Keyword(s):  
Public Policy ◽  
Property Rights ◽  
Free Speech ◽  
Campaign Finance ◽  
Participatory Democracy ◽  
Political Rights ◽  
Constitutional Protection ◽  
Daunting Challenge ◽  
Theory Of Democracy

Carolene Products embraced judicial responsibility of ensuring that everyone has a fair say in the formulation of public policy, including the distribution of societal resources. The case discusses protecting the key political rights of speaking and voting. In positioning itself as the referee over politics, the Court assumed the daunting challenge of fashioning a theory of democracy. Key to this has been the weak libertarian paradigm of free speech, which prohibits government censorship of speech. In essence, it requires: “Government generally cannot stop me from saying whatever I want to say.” In contrast, the strong libertarian paradigm of free speech shouts, “I can say whatever I want to say with whatever resources I have to say it.” Despite weakened protection for property rights, this strong libertarian paradigm has dramatically increased constitutional protection for property interests. Preeminently, the campaign finance cases hinge influence over elections, law, public policy, and all of government on wealth.

The Dual Role of Property Rights in Protecting Broadcast Speech

1998 ◽  
Vol 15 (2) ◽  
pp. 176-208
Author(s):  
Thomas W. Hazlett
Keyword(s):  
Property Rights ◽  
Free Speech ◽  
Private Property ◽  
Shopping Center ◽  
Constitutional Protection ◽  
Constitutional Right ◽  
Free Speech Rights ◽  
The U.S ◽  
Do So

The connection between property rights and free-speech rights has most often surfaced in conflicts between the two. In his classic formulation of the problem, journalist A. J. Liebling mocked the First Amendment's free-press clause by noting that ownership of a printing press was required in order to actually enjoy the constitutional protection. In an important case decided in 1980, Pruneyard Shopping Center v. Robins, the U.S. Supreme Court ruled that a group wishing to circulate political petitions at a shopping center had a constitutional right to do so. There the Court found that such governmentally enforced access to private property did “not amount to an unconstitutional infringement of [the shopping center owners'] property rights under the Taking Clause of the Fifth Amendment….”

PROPERTY RIGHTS AND FREE SPEECH: ALLIES OR ENEMIES?

2004 ◽  
Vol 21 (2) ◽  
pp. 177-194
Author(s):  
James W. Ely
Keyword(s):  
Property Rights ◽  
New Deal ◽  
Free Speech ◽  
Freedom Of Expression ◽  
The United States ◽  
Constitutional Protection ◽  
Property Owners ◽  
Constitutional Right ◽  
Constitutional Tradition ◽  
The New Deal

Free speech has been treated as a preeminent constitutional right in the United States for more than half a century. The rights of property owners, on the other hand, have received little constitutional protection since the New Deal period of the 1930s. This modern dichotomy is particularly striking because it obscures an older constitutional tradition that equated economic liberty and freedom of expression. This tradition saw both property rights and speech rights as essential to the protection of personal freedom by restraining the power of government.

How Would a Ban on Prescriber-Identifying Information Impact Pharmaceutical Marketing?

2013 ◽  
pp. 141-153
Author(s):  
Doug Walker
Keyword(s):  
Public Policy ◽  
Granger Causality ◽  
Freedom Of Speech ◽  
Policy Implications ◽  
Pharmaceutical Marketing ◽  
Legal Proceedings ◽  
Constitutional Protection ◽  
Pharmaceutical Firms ◽  
Prescription Writing

Recent legal proceedings have addressed pharmaceutical firms’ access to physician and brand level prescribing data. Proponents of the use of the data for marketing purposes claim constitutional protection as freedom of speech. Opponents maintain that distribution of the data compromises privacy. From the perspective of Granger-causality, this study investigates the extent to which pharmaceutical firms use this data to adjust detailing levels at the physician level. Important firm and public policy implications result. Consistent with the findings of previous work, detailing appears to Granger-cause prescription writing for a significant subset of physicians. However, the evidence that prescription writing Granger-causes adjustments in detailing levels is weak.

Civil and Political Rights

2020 ◽  
pp. 125-166
Author(s):  
Adam S. Chilton ◽  
Mila Versteeg
Keyword(s):  
Statistical Analysis ◽  
Free Speech ◽  
Political Rights ◽  
Right Wing ◽  
Freedom Of Movement ◽  
Public Media ◽  
Civil And Political Rights ◽  
Law And Justice ◽  
Global Data

This chapter analyzes three civil and political rights that are practiced on an individual basis: (1) free speech, (2) the prohibition of torture, and (3) the freedom of movement. The chapter first describes the doctrinal aspects of these rights, as well as how these relate to organizations’ ability to secure their enforcement. It then presents results from a global statistical analysis, which reveal that constitutionalizing these rights is not associated with better rights practices. In addition to presenting global data, this chapter present the results from a case study on free speech in Poland, which documents how the newly elected right-wing Law and Justice Party was able to take control of the country’s public media, even though both free speech and the independence of public media were guaranteed in the constitution.

A Discussion of Christopher H. Achen and Larry M. Bartels' Democracy for Realists: Why Elections Do Not Produce Responsive Government

2017 ◽  
Vol 15 (1) ◽  
pp. 157-158 ◽  
Author(s):  
Andrew Sabl
Keyword(s):  
Public Policy ◽  
Political Parties ◽  
Liberal Democracy ◽  
Political Change ◽  
Folk Theory ◽  
The Public ◽  
Rational Voter ◽  
Rational Preferences ◽  
Theory Of Democracy ◽  
The U.S

Liberal democracy is often viewed by its supporters as a system of government that responds to the informed and rational preferences of the public organized as voters. And liberal democracy is often viewed by its critics as a system that fails to respond to the informed and rational preferences of its citizens. In this book Larry Bartels and Chris Achen draw on decades of research to argue that a “realistic” conception of democracy cannot be centered on the idea of a “rational voter,” and that the ills of contemporary democracies, and especially democracy in the U.S., must be sought in the dynamics that link voters, political parties and public policy in ways that reproduce inequality. “We believe,” write the authors, “that abandoning the folk theory of democracy is a prerequisite to both greater intellectual clarity and real political change. Too many democratic reformers have squandered their energy on misguided or quixotic ideas.”

Environment and Economy: Property Rights and Public Policy.

1992 ◽  
Vol 102 (413) ◽  
pp. 985
Author(s):  
David Pearce ◽  
Daniel W. Bromley ◽  
Terry L. Anderson ◽  
Donald R. Leal
Keyword(s):  
Public Policy ◽  
Property Rights

THE PROGRESSIVE ERA ASSAULT ON INDIVIDUALISM AND PROPERTY RIGHTS

2012 ◽  
Vol 29 (2) ◽  
pp. 255-282 ◽  
Author(s):  
James W. Ely
Keyword(s):  
Property Rights ◽  
Progressive Era ◽  
Political Agenda ◽  
Progressive Movement ◽  
Constitutional Protection ◽  
Limited Government ◽  
Sociological Jurisprudence ◽  
Great Confidence ◽  
Governmental Power ◽  
The Impact

AbstractThis essay examines the far-reaching attack on individualism and property rights which characterized the Progressive Era of the early twentieth century. Scholars and political figures associated with Progressivism criticized the individualist values of classical liberalism and rejected the traditional notion of limited government espoused by the framers of the Constitution. They expressed great confidence in regulatory agencies, staffed by experts, to effectuate policy. Progressives paved the way for the later triumph of statist ideology with the New Deal in the 1930s.The essay traces the sources of the Progressive antipathy to individual rights to the influence of Bismarck’s program in Imperial Germany and the Social Gospel theology. It gives attention to the views of leading Progressive intellectuals who stressed the perceived need for increased governmental power and governance by an educated elite. The essay also explores the impact of Progressivism on constitutional law, arguing that the rise of “sociological jurisprudence,” with its skepticism about courts and stress on judicial deference to legislative judgments, served to advance the Progressive political agenda. Progressives looked with disfavor on any constitutional doctrine which curtailed governmental authority. The Progressive movement left a lasting legacy of diminished regard for individualism and a jurisprudence which stripped property of muscular constitutional protection.

Sign in / Sign up

Export Citation Format

Share Document