Law Review: Madisonian Pornography Or, The Importance of Jeffrey Sherman
Filed Under Category Legal Periodicals by admin
“I will begin with the fundamentals of free speech theory. Why is there free speech protection at all? I will describe the classic answer to this question developed by James Madison. Then I will rebut the narrow construction of Madison’s argument that was once proffered by Robert Bork. I will show why Madison’s argument reaches toward, but does not fully defend, a right to pornography. Then I will show why Sherman’s work completes the Madisonian argument.”
