Democracy: A Paradox of Rights?

Abstract

Theorist Corey Brettschneider argues that in a “paradox of rights,” liberal democracies are expected to allow freedom of association, expression, and conscience, but viewpoint neutrality dictates that they cannot themselves express the values of free and equal citizenship that undergird these rights. According to what he terms value democracy, the state should abrogate viewpoint neutrality and instead speak in ways that would transform recalcitrant citizens’ views to support these core values. Although I support the values of free and equal citizenship, I question some of the means Brettschneider would use to promote these values. First, we cannot always count on the state itself to support the values of free and equal citizenship. Second, although he would withdraw tax exemptions from groups that oppose these values, making this determination accords too much power to public authority, and voluntary associations are not always monolithic in their values. Finally, the true threat to free and equal citizenship lies not in the beliefs that we fail to transform, but in the practices that individuals and groups may attempt to impose not only on others but also potentially on the larger community.