[EL] is it now conventional wisdom that "liberal" means "anti-free-speech"?

John Tanner john.k.tanner at gmail.com
Wed Jul 1 12:50:47 PDT 2015


Got it
> On Jul 1, 2015, at 3:48 PM, Scarberry, Mark <Mark.Scarberry at pepperdine.edu> wrote:
> 
> Elane Photography, New Mexico S. Ct., cert denied. See http://www.scotusblog.com/case-files/cases/elane-photography-llc-v-willock/ <http://www.scotusblog.com/case-files/cases/elane-photography-llc-v-willock/>,  and amicus brief in support of petitioner by Cato Institute, Eugene Volokh, Dale Carpenter, and Ilya (as counsel of record), http://sblog.s3.amazonaws.com/wp-content/uploads/2013/12/ElaneAmicusCato.pdf <http://sblog.s3.amazonaws.com/wp-content/uploads/2013/12/ElaneAmicusCato.pdf>. 
>  
> Mark
>  
> Mark S. Scarberry
> Professor of Law
> Pepperdine Univ. School of Law
>  
>  
>  
> From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of John Tanner
> Sent: Wednesday, July 01, 2015 12:37 PM
> To: Ilya Shapiro
> Cc: law-election at uci.edu
> Subject: Re: [EL] is it now conventional wisdom that "liberal" means "anti-free-speech"?
>  
> I missed the one about fining photographers
>  
> On Jul 1, 2015, at 12:36 PM, Ilya Shapiro <IShapiro at cato.org <mailto:IShapiro at cato.org>> wrote:
>  
> Is that a serious question when the Left pushes restrictions on political speech, wants to criminalize hate speech, pushes educational theories regarding trigger warnings and micro-aggression, forces workers to subsidize political activity against their interests, and fines photographers for not using their art to support politically correct causes?
>  
> Government has obviously advanced under Obama, so I’m not sure why you’re complaining. Just don’t mistake progressivism for (liberty-based) liberalism.
>  
> Ilya Shapiro
> Senior Fellow in Constitutional Studies,
> Editor-in-Chief of the Cato Supreme Court Review
> Cato Institute
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>  
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>  
> Watch our 2014 Constitution Day Conference - Supreme Court Review/Preview:  http://www.cato.org/events/13th-annual-constitution-day <http://www.cato.org/events/13th-annual-constitution-day>
>  
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>  
> From: law-election-bounces at department-lists.uci.edu <mailto:law-election-bounces at department-lists.uci.edu> [mailto:law-election-bounces at department-lists.uci.edu <mailto:law-election-bounces at department-lists.uci.edu>] On Behalf Of Richard Winger
> Sent: Wednesday, July 01, 2015 12:09 PM
> To: law-election at uci.edu <mailto:law-election at uci.edu>
> Subject: [EL] is it now conventional wisdom that "liberal" means "anti-free-speech"?
>  
> I am dismayed that the NY Times today, and analyses by others of a few days ago, seem to take it as conventional wisdom now that "conservatives" are pro-free-speech and "liberals" are anti-free-speech.  The NY Times today has a front page story about the "liberals" winning more cases in the last term of the court than they have in a long time.  The sidebar includes the Texas license plates case as a "liberal" victory.  The sidebar doesn't mention Reed v Town of Gilbert, Arizona, but presumably the authors classified that decision as a "conservative" victory.
> 
> 
> 
> "Liberal" and "liberty" have the same root.  Would one now say that Sullivan v New York Times was a "conservative" victory?
> 
> 
> 
> I would say that Justice Thomas wrote a liberal decision in Reed v Town of Gilbert.  He struck down a government restriction on speech.  Is that no longer "liberal"?
>  
> Richard Winger
> 415-922-9779
> PO Box 470296, San Francisco Ca 94147
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