Hate Speech, Sex Speech, Free Speech

By Nicholas Wolfson | Go to book overview
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tain common features. Works of art developed in a me-
dieval Italian city can affect us too. What does this
require? . . . That these feelings and moods shall have re-
ceived such broad, intense, powerful expressions as to
have raised them above the limitations of the life of
those days.83

Some conservative followers of the law and economics movement, including interest group theory, make much the same charge as the multiculturalists. For example, some have argued that political pressure and interest-group politics explain the scope of First Amendment doctrine.84 They deny that ideas have power, at least in comparison to the power of economic interest. Hence, in the area of the commercial speech doctrine they attempt to demonstrate that the Constitution, the courts, and the lawyers all mold First Amendment doctrine in response to the economic power of corporate elites.

Needless to say, if legislators and judges begin to agree that white power underlies the supposed majesty of the First Amendment as well as of the liberal arts canon, they will be tempted to uphold censorship in state-run campuses to eliminate the influence of Plato, Aristotle, Locke, and the other "dead white males." At the least, they will begin to accept the validity of arguments that the First Amendment does not necessarily bar censorship of the "grand prejudice" if "proof" can be adduced that Western civilization embraces false values. Such evidence will become an accepted matter of proof in litigation upon this subject. Censorship will be canonized as a morally correct and historically valid method of teaching the truth.

See e.g., Richard Delgado, Campus Antiracism Rules: Constitutional Narratives in Collision, 85 Nw. U.L. Rev. 343 ( 1991)


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