Sunday, May 30, 2010

Holy Cow!

Whether a given category of speech enjoys First Amendment protection depends upon a categorical balancing of the value of the speech against its societal costs.
--Solicitor General Elena Kagan,
Argument in U.S. v. Stevens
Obama nominee for U.S. Supreme Court.

(HT: Matt Welch)

5 comments:

  1. I understand how that idea could get out of hand, but isn't that just describing the idea that its illegal to shout fire in a crowded movie theater?

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  2. That is not a case of weighing societal interests in a case of free speech. That's a case of protecting a theater owner and his contractual customers from false alarms.

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  3. Didn't Rothbard write that that Holmes misunderstood property rights with that example?

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  4. Sometimes, shouting fire in a crowded movie theater is an act of heroism that saves lives.

    Its seems a very bad idea to ban it, as if the building is on fire I would surely appreciate someone doing just that.

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