Monday, May 13, 2013

Reading list: Koppelman on free speech

Andrew Koppelman, Veil of Ignorance: Tunnel Constructivism in Free Speech Theory, 107 Northwestern U. L. Rev. 647 (2013) (citations omitted):

Pornographers, Nazis, and other transgressors of the sacred thus form a stable alliance with civil libertarians. This valorization of “sponsoring study-abroad sojourns in the land of fire and brimstone” is peculiar. Most “cultures do not train souls for the ironic contortionism that liberal subjectivity calls for.” Rather, most of the world’s population “cannot hear certain things without wanting to hit somebody.” Free speech is a distinctive cultural formation, and those who would maintain it had better know what it is that they are maintaining.

There’s also a discussion of copyright and the First Amendment.

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