DEMOCRACY AND THE PROBLEM OF FREE SPEECH by Cass R. Sunstein:

[Bruce P. Brychek]

Thursday
06.04.2026
8:27 p.m.,
Chicago, Illinois time:

Dear Global Forum Members and Readers:

DEMOCRACY AND THE PROBLEM OF FREE SPEECH, 1993 by Cass R. Sunstein.

"Freedom of speech is one of our greatest legal rights and Cass Sunstein is one of our greatest legal theorists.
This book is a must read for anyone who wants to think seriously about the free speech issues facing this
generation."
Akhil, Amar, Southmayd Professor, Yale Law School

"This is an important book. Beautifully clear and carefully argued, Sunstein's contribution reaches well beyond
the confines of academic debate. It will be of interest to any citizen concerned about freedom of speech and
the current state of American democracy."
Joshua Cohen, Massachusetts Institute of Technology

"How can our constitutional protections of free speech serve to strengthen democracy ? Cass Sunstein challenges
conventional answers with a remarkable array of lucid arguments and legal examples. There is no better book on
the subject."
Amy Gutmann, Laurence S. Rockefeller University Professor, Princeton University

"I admire this book tremendously. It boldly enlarges our vision of the role of freedom of speech and press in a
democracy. It steadfastly pursues the consequences of Madisonian ideals wherever they strike the surface of
contemporary issues. DEMOCRACY AND THE PROBLEMS OF FREE SPEECH should both inspire and produce sparks,
signs of an absolutely first rate book."
Lee C. Bollinger, Provost, Dartmouth College

"[Sunstein] brings to his works the disciplined focus one finds in court papers...His book is filled with judicious
weighing and balancing...bolstered by an acute awareness of real-world circumstances. Yet even non-lawyers
wishing to understand the legal dimensions of the free-speech issue would do well to start with DEMOCRACY
AND THE PROBLEM OF FREE SPEECH."
The New York Times

My Commentary:

The Declaration of Independence, The US Constitution, and The Bill of Rights do not have the word Democracy
therein. We are defined as a Democratic Republic. What does that mean today ? What do we realistically have
today ? What expanding controls has modern technology placed on Freedom of Speech today ? And probably
must increase and place as our society and technology advance and grow ?

Decades ago, early last century, Supreme Court Justice Oliver Wendell Holmes wrote that "... Freedom of Speech
does not allow one to holler Fire !, in a crowded theater."

06.04.2026 - What Freedom of Speech is allowed to anyone hollering Bomb !, in a crowded airplane or crowded
area ?

thoughts...
best...
bb.