Published online by Cambridge University Press: 05 June 2012
This is a book about the exercise of expressive liberties – speech, assembly, petition, and press – in public places. This may seem an odd time for a book about traditional – some might say “old-fashioned” – public expression. The growth in online discourse has been nothing short of phenomenal. Do protesting and pamphleteering still matter? Haven't we evolved beyond such seemingly primitive forms of communication? Haven't speakers already migrated from “meatspaces” to more virtual forums? Who cares whether citizens can engage one another in “bricks and mortar” places when they can reach a potential audience of millions online?
The short answer to this last question, at least, is that we should all care about the preservation of traditional First Amendment liberties. In many ways, public places were the birthplaces of American democracy. Our First Amendment was shaped and molded on the ground – by people who gathered out of doors to protest, proselytize about their faiths, and engage fellow citizens and officials on matters of public concern. Further, this sort of public expressive activity – “speech out of doors” – is perhaps the most tangible evidence of popular sovereignty, the idea that under our Constitution it is the people who ultimately govern. Public places remain important sites of public politics, contention, and democracy. This is particularly so with respect to poorly financed groups and causes, which, even in an advanced technological era, have little real communicative power.
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