Comic · de Gruyter

A New Approach to Political Speech

Democratic Theory, Constitutional Law, and Public Liberty After January 6

This provocative book challenges conventional understandings of political speech and its relationship to democracy. Through a focused case study of Donald Trump's role in attempting to overturn the 2020 election and the prosecutions stemming from it, Erik Olsen develops a critique of the prevailing view that political speech is a private right that is only instrumentally related to political action. He advocates instead for a theoretical framework that treats political speech as a form of communicative action and balances the protection of free expression with the need to safeguard core democratic practices and processes. He thus outlines a more robust First Amendment jurisprudence that can better defend both public liberty and democratic institutions from authoritarian threats in the current era of democratic backsliding.