The New Theology of the First Amendment: Class Privilege Over Democracy

Abstract

The First Amendment stands as the crown jewel of the U.S. Constitution. Although it often has been ignored and violated throughout U.S. history, the First Amendment is the republic's shining commitment to individual freedom of expression and to the protection of this institutional requirem ents for an informed electorate and a participatory democracy. Yet what exactly the First Amendment signifies and does has been the subject of considerable debate over the years. Currently or in the near future, any number of cases are and will be working their way through the court system that would seek to prohibit any government regulation of political campaign spending, broadcasting, and commercial speech (e.g. advertising or food labeling) on the grounds that such regulation would violate citizens' and corporations' First Amendment rights to free speech or free press. Each case raises quite distinct constitutional issues concerning the First Amendment, but they share the common effect of protecting the ability of the wealthy and powerful few to act in their self-interest without fear of public examination, debate and action.

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