Ethics

Volokh on Free Speech and Meaningless Distinctions

By Ed Brayton

Eugene Volokh makes a powerful argument about the meaningless and arbitrary distinction between "fair criticism" and speech that is mocking or hurtful. He quotes Anthony Comstock, one of the most notorious censors in American history, trying to make the same distinction:

There is a vast difference between [a "respectable infidel" who simply expresses his disagreement on religious matters] and the one who seeks by scoffs and sneers to wound the feelings of those who differ from him, or who makes a living by blaspheming the name of God, and discusses those subjects that most closely concern the interests of the soul so as to provoke laughter and applause from thoughtless ones.

Full post as published by Dispatches from the Culture Wars on May 30, 2008 (boomark / email).