Democracy and the problem of free speech

the long version

Sunstein focus the free-market approach to free-speech regulation with a Madisonian emphasis on discourse in a deliberative democracy. The laissez-faire framework for regulation are replaced by a two-tier framework that slots political, deliberative speech in the first tier and other forms of protected speech in the second tier; most currently out-of-bounds speech (libel, unlicensed medical speech, and so on) remain out of bounds. First-tier speech regulations require much more stringent justifications than do second-tier speech regulations.