Personally, I am wary of arguments of the "if it didn't exist, we'd have to invent it" variety--which seems to be Volokh's implication.
Also, when defending free speech, it seems that free speech today is not the same as it used to be:
- Being provocative used to mean to provoke thought and the exchange of ideas--that idea has been cheapened to the point that the goal is nothing more than to provoke a reaction.
- When arguing a point, strategies of argumentation would challenge the other party to specify and argue relevancy--today, the first question to ask is whether what the other person is claiming is even true to begin with.
(And don't even get me started on the UN)
But read Volokh's entire argument.
Technorati Tag: Anti-Semitism and Eugene Volokh and Free Speech.
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