Well, the question is what “we want to do related to speech.” If it involves blacklisting, throttling, deplatforming, and bans, it most certainly does raise questions of censorship. Free speech is now portrayed as an existential threat to the country as opposed to the very thing that defines us as a free people.McQuade captures the theoretical divide over free speech, though she is clearly voicing a view that is increasingly popular among law professors. She advances views of free speech that I have discussed in prior academic writings and the new book as “functionalist.” These views allow for greater trade offs between free speech and overriding social or political priorities.
I'm constantly amazed by the argument that speech should be censored for "misinformation" when anybody can whip out their phones to look up facts. Defeat bad speech with better speech.
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