About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

66 Clev. St. L. Rev. Et Cetera 1 (2018)

handle is hein.journals/cvdstlw66 and id is 1 raw text is: CLEVELAND STATE LAW REVIEW ET CETERA VOLUME 66 JANUARY 12, 2018 PAGES 1-5 THREE APPROACHES TO FREEDOM OF SPEECH R. George Wright* It has been said that in the field of quantum theory, there have been periods when even second-rate scientists could do first-rate work.' This raises, however, the possibility that there may also be periods in which even the best theorists in a field can make contributions that rate only as good. It is proper to classify each of the free speech writers discussed as first rate. But it is also possible that the age in which they write inhibits the production of genuinely great work with a genuinely common goal. The underlying problem for today's free speech theorists is no doubt multifaceted. But one important aspect thereof may involve our collective poring over the glittering remnants of a shattered mirror, even as our understandings of the possible uses of a mirror become increasingly unclear, contested, or unstable.2 In this respect, consider, without the slightest attempt to assess on the merits, the presumptive speech libertarianism of Floyd Adams, the contextually sensitive functional value balancing of Steven Shiffrin, and the broad scope of coverage view of Mark Tushnet, Alan Chen, and Joseph Blocher. Perhaps our most distinguished free speech litigator-theorist, Floyd Abrams, argues that the central purpose of the First Amendment was to impose strict limits on governmental authority over religion, speech, and press, and . . . recent arguments, primarily by liberal jurists and scholars, to the contrary are * Lawrence A. Jegen Professor of Law, Indiana University Robert H. McKinney School of Law See P.A.M. Dirac, Directions in Physics 7 (Heinrich Hora & J.R. Shepanski eds., 1978); Steve Paulson, My Life With the Dream Team: Freeman Dyson on Working With the Greatest Physicists ofthe 20'h Century (December 8, 2016), http://nautil.us/issue/43/heroes/my-life-with-the-physics- dream-team. See also J.C. POLKINGHORNE, THE QUANTUM WORLD 14 (1986) (referring to the fertility of the great harvest period of 1925-1926 for quantum theory). 2 This analogy is to the broader historic scenario depicted in Alasdair MacIntyre, After Virtue 1-5 (2d ed. 1984). See id. at 2 (referring to the fragments of a conceptual scheme, parts of which now lack those contexts from which their significance derived). Put otherwise, freedom of speech as a form of life may today lack both internal coherence and sufficient continuity with its previous incarnations. See NORMAN MALCOLM, WITTGENSTEIN: A RELIGIOUS POINT OF VIEW? 77 (Peter Winch ed., 1994) (language-games are internally connected with human activities, forms of life).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most