Entertaining Satan: Why We Tolerate Terrorist Incitement

Abstract

Recently proposed restrictions of terrorist incitement, beyond what is already unprotected, are unworkable. The law cannot reach internet speech that originates overseas, and restrictions on reading such material cannot give readers adequate notice of what is banned. There is also value in permitting readers to expose themselves even to evil and destructive views. When people are treated as adults, they may make bad choices, but free people have to be permitted to contemplate such choices.

Keywords: Free Speech, Terrorism, Incitement, Eric Posner, Cass Sunstein

JEL Classification: K10, K19, K40, K49