I n a well-functioning democracy, the vindication of free speech rights depends primarily on the effective protection of unpopular and even offensive views. Indeed, widely shared views or even those held by a bare majority are unlikely to be suppressed, and even if they were occasionally trampled upon, it stands to reason that majoritarian politics would eventually inevitably come to their rescue. For example, in a democracy in which a majority strongly embraces a particular religious ideology, it would be unwise for those in power to seek to suppress expressions of that ideology as that would anger the political majority and prompt them to use their democratic rights to vote out those currently in power in favor of others, who would act more sympathetically to the ideology in question. On the other hand, it is easy to imagine how a political majority may be mobilized to legislate against views it deems repugnant or threatening to its established way of life. The minority religion that promotes a belief system and morality that the majority deems repugnant; the political dissidents who launch a radical attack (by means that most feel amount to mere propaganda) against the prevailing institutional order; and, the proponents of alternative lifestyles that are perceived as profoundly threatening to the traditions and way of life of the vast majority of citizens all loom as prime candidates for becoming the targets of majority-backed laws aimed at curtailing or suppressing their respectively held views. Accordingly, to the extent that these unpopular minority views are nonetheless constitutionally protected, it seems more likely that they will be consistently shielded by unelected judges than by those accountable to electoral majorities

Here’s a detailed biography of Michel Rosenfeld:

🎓 Early Life & Education

• Born July 5, 1948.

• Earned a J.D. from Northwestern University (1974).

• Completed B.A. (1969), M.A. (1971), M.Phil. (1978), and Ph.D. in Philosophy (1991) from Columbia University (en.wikipedia.org).

🏛️ Academic & Professional Career

• Benjamin N. Cardozo School of Law (Yeshiva University)

  • Joined in 1988, now University Professor of Law and Comparative Democracy, and holds the Justice Sydney L. Robins Chair in Human Rights. Director of the Program on Global and Comparative Constitutional Theory (en.wikipedia.org).

  • Previously worked as an associate at Skadden, Arps and Rosenman, Colin, Freund (cardozo.yu.edu).

• Teaching & Global Engagement

  • Teaches Comparative Constitutionalism, Constitutional Law, Legal Philosophy, and Democracy-related courses (en.wikipedia.org).

  • Visiting and chair-held positions across Europe:

    • Blaise Pascal Chair (Paris, 2007–08) (yu.edu)

    • Fresco Chair (University of Genoa, 2007)

    • Chaim Perelman Chair (Brussels, 2011)

    • Fulbright‑Tocqueville Chair (Pantheon‑Sorbonne, 2013)

    • Leverhulme Visiting Professorship (Birkbeck, London, 2014)
      ...among others .

📚 Major Publications

• Affirmative Action and Justice (Yale, 1991) – recognized as a top human‑rights book in the U.S. (cardozo.yu.edu).

• Just Interpretations: Law Between Ethics and Politics (1998) – translated into French and Italian (cardozo.yu.edu).

• The Identity of the Constitutional Subject (2010) – explores citizenship, selfhood, and identity in constitutional theory (routledge.com).

• Law, Justice, Democracy, and the Clash of Cultures (2011).

• A Pluralist Theory of Constitutional Justice (Oxford, 2022) – focuses on liberal democracy, populism, and distributive justice (cardozo.yu.edu, academic.oup.com).

• Co-editor of The Oxford Handbook of Comparative Constitutional Law and others addressing deconstruction, Hegel, Habermas, secularism, religion, and elections (cardozo.yu.edu).

🌐 Leadership & Honors

• President, International Association of Constitutional Law (1999–2004) (en.wikipedia.org).

• Founding Editor‑in‑Chief, International Journal of Constitutional Law (I•CON) (2001–2014) (en.wikipedia.org).

• Awarded the French Legion of Honor (2004) (en.wikipedia.org).

• Multiple prestigious chairs and fellowships across Europe for constitutional scholarship (ascl.org).

✨ Profile & Impact

Michel Rosenfeld is a leading scholar in comparative constitutional law, legal philosophy, and human rights. He has shaped global discourse on constitutional identity, justice essentials, pluralism, and the resilience of liberal democracy. His work is both academically rigorous and globally influential—spanning books, edited collections, journal leadership, and world-class academic appointments.

Let me know if you'd like summaries of any specific book or insight into his legal philosophy!