Monday, May 25, 2009

End Run on Free Speech

WASHINGTON -- For several decades, most of the ingenuity that liberal academics have invested in First Amendment analysis has aimed to justify limiting the core activity that the amendment was written to protect -- political speech. These analyses treat free speech as not an inherent good but as a merely instrumental good, something justified by serving other ends -- therefore something to be balanced against, and abridged to advance, other goods.

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