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Martha Minow, Listening the Right Way, 64 N.Y.U. L. Rev. 946 (1989) (reviewing Paul Chevigny, More Speech: Dialogue Rights and Modern Liberty (1988)).


Abstract: ... Constitutional doctrines of due process, free speech, and privacy suffered limitations and cut-backs at the hands of the courts. ... In this context, Paul Chevigny offers an important contribution to a defense of rights in More Speech: Dialogue Rights and Modern Liberty. ... He notes that "[t]he popular image of freedom of speech in the Anglo-American world envisions the individual or the private press embattled against the state," but reasons that this view misses the important governmental influence on what does get expressed, tested by the demands of rational decision-making as well as individual expression. ... If some persons are to be treated as ineligible for speech and process rights, then how, in Chevigny's scheme, are their concerns or needs to appear in collective debate? How are the prevailing schemes that do not take them into account to be challenged? How are arguments for the rights to medical treatment for severely disabled newborns or for comatose adults to be evaluated? These are enormously difficult questions, both conceptually and practically. ... I would not suggest that Chevigny agrees with this reasoning, but his argument for more speech could be taken by such agency officials as a justification for their actions. ...