Journal of Free Speech Law: "Courting Censorship," by Prof. Philip Hamburger
journalspeech.substack.com
The article is here; the Introduction: Has Supreme Court doctrine invited censorship? Not deliberately, of course. Still, it must be asked whether current doctrine has courted censorship—in the same way one might speak of it courting disaster. The Court has repeatedly declared its devotion to the freedom of speech, so the suggestion that its doctrines have failed to block censorship may seem surprising. The Court's precedents, however, have left room for government suppression, even to the point of seeming to legitimize it.
Journal of Free Speech Law: "Courting Censorship," by Prof. Philip Hamburger
Journal of Free Speech Law: "Courting…
Journal of Free Speech Law: "Courting Censorship," by Prof. Philip Hamburger
The article is here; the Introduction: Has Supreme Court doctrine invited censorship? Not deliberately, of course. Still, it must be asked whether current doctrine has courted censorship—in the same way one might speak of it courting disaster. The Court has repeatedly declared its devotion to the freedom of speech, so the suggestion that its doctrines have failed to block censorship may seem surprising. The Court's precedents, however, have left room for government suppression, even to the point of seeming to legitimize it.