Hate Speech, Sex Speech, Free Speech

By Nicholas Wolfson | Go to book overview

of a vigorous First Amendment are moving toward a nonreligiously based postmodern form of absolutism.


NOTES
1.
Thomas L. Pangle, The Ennobling of Democracy210 ( 1992) [hereinafter Pangle].
2.
Id. at 210 (quoting Benedict Spinoza, Theological-Political Treatise ch. 20).
3.
Professor Holmes writes: "The notion that skepticism poses a massive threat to society has remained a commonplace among antiliberals since Maistre's time." Stephen Holmes, The Anatomy of Antiliberalism24 ( 1993).
4.
Pangle, supra note 1, at 209.
5.
See generally Jürgen Habermas, The Philosophical Discourse of Modernity, ( Frederick G. Lawrence, trans., 1987).
6.
Id.
7.
Richard Rorty, Contingency, Irony and Solidarity44 ( 1989) [hereinafter Contingency].
8.
Id. at 3.
9.
Rorty, of course, is not asserting that "atoms, wave packages, etc.," are creations of the human mind. Richard Rorty, Philosophy and the Mirror of Nature345 ( 1979).
10.
Contingency, supra note 7, at 46.
11.
Isaiah Berlin, Four Essays on Liberty172 ( 1969). Berlin describes the Enlightenment belief in the power of a universalist pure reason (as contrasted to the pragmatist's beliefs). He quotes Auguste Comte, "who asked 'If we do not allow free thinking in chemistry or biology, why should we allow it in morals or politics?'"Id. at 151. Berlin continues with his description of this kind of thinking: "Why indeed? If it makes sense to speak of political truths--assertions of social ends which all men, because they are men, must, once they are discovered, agree to be such; and if, as Comte believed, scientific method will in due course reveal them; then-what case is there for freedom of opinion or action--at least as an end in itself, and not merely as a stimulating intellectual cli-

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Hate Speech, Sex Speech, Free Speech
Table of contents

Table of contents

  • Title Page *
  • Contents *
  • Chapter 1 - Introduction 1
  • Notes 7
  • Chapter 2 - Pragmatism and Words That Hurt 11
  • Notes 40
  • Chapter 3 - Hate Speech 47
  • Notes 76
  • Chapter 4 - Inequality 83
  • Notes 101
  • Chapter 5 - Eroticism, Obscenity, Pornography, and Free Speech 103
  • Notes 132
  • Chapter 6 - Conclusion 143
  • Notes 149
  • Bibliography 151
  • Index 161
  • About the Author *
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