Free speech claims now undermine most democratically enacted regulation.
Evidence
The new First Amendment jurisprudence pushes back against equality and antidiscrimination law in education, employment, welfare, and commerce; against secularism in the commercial and public sphere; against campaign finance limits and transparency in politics; against truth in advertising; against public health and safety regulation; and against informed consumer choices and rights. … Protection of speech or religious conscience for individuals, groups, nonprofits, small businesses, and large corporations has rendered every kind of democratically enacted equality provision vulnerable to being overturned or undermined through individual exemptions. — Wendy Brown, In the Ruins of Neoliberalism, 211
Categorization
- XREF: connects to: Trump’s conduct consecrates the white male supremacy entrenched in traditional values — Wendy Brown, In the Ruins of Neoliberalism: The Rise…, 293; Free speech is always constrained by legal limits and secrecy practices — Talal Asad, Formations of the Secular:…, 898; Industries equate product use with free speech to shift regulatory debate (+2 more)
Broader Connections
- Industries equate product use with free speech to shift regulatory debate
#exemplifies(0.80) - Political legitimacy requires free speech, association, and representation
#contradicts(0.80) — Diego Gambetta, Trust - Making and Breaking Cooperative…, 1248 - Free speech is always constrained by legal limits and secrecy practices
#qualifies(0.75) — Talal Asad, Formations of the Secular, 898 - Constitutional free speech protections create an intractable dilemma over hate speech regulation
#expands(0.75)