Distributive justice, Freedom of speech, Freedom of religion
In this Article, I begin building an interpretation of the First Amendment that promotes the practical conditions for a vital democracy. I argue that considerations of distributive justice do properly affect interpretation of free speech and religious liberty. This is true even assuming that those provisions have priority over ordinary law, including economic regulation.
Nelson Tebbe, A Democratic Political Economy for the First Amendment, 105 Cornell L. Rev. 959
Available at: https://scholarship.law.cornell.edu/clr/vol105/iss3/9