Cultivating Free Speech Culture
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Washington University Journal of Law and Policy
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Abstract
Defending dissent to safeguard speech and political opposition is a challenging and necessary task for a self-governing democracy. Moreover, it is a collective task. Succeeding in this endeavor sometimes requires defending speech with which one disagrees, especially in a nation as pluralistic as the United States. Although imperfect and inconsistent, there are numerous examples where strange bedfellows join together to achieve this goal. While First Amendment law helps us reach the goal, law alone is not enough. We also need a cultural commitment to defending dissent. This Essay argues that cultivating a culture that values robust free speech protection is an essential component to ensuring our grand and wobbly experiment in democracy moves forward in a positive trajectory.
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Keywords
free speech, First Amendment, constitutional democracy, self-governing democracy, Anti-SLAPP Laws, Reporter's Privilege, FCC, New York Times v. Sullivan, 303 Creative
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80 Wash. U. J. L. & Pub. Pol'y 129 (2026)
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Washington University Journal of Law and Policy
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Article