Freedom of Speech as a Cultural Holdover

60 Pages Posted: 17 Jun 2019 Last revised: 26 Aug 2019

See all articles by R. George Wright

R. George Wright

Indiana University Robert H. McKinney School of Law

Date Written: June 5, 2019

Abstract

This Article suggests that according generally preferred constitutional status to speech crucially depends on the vitality of certain underlying cultural practices. It has become apparent that the presumably crucial such underlying cultural practices have evolved in such a way that the distinctive constitutional status of speech can no longer be sufficiently justified. As the relevant costs of free speech have generally tended to increase, the relevant positive values and cultural institutions underlying the institution of constitutional freedom of speech have gradually tended to erode or recede.

Keywords: freedom of speech, truth, democracy, self-government, autonomy, self-realization, metaethics

Suggested Citation

Wright, R. George, Freedom of Speech as a Cultural Holdover (June 5, 2019). Indiana University Robert H. McKinney School of Law Research Paper No. 2019-3. Available at SSRN: https://ssrn.com/abstract=3399624 or http://dx.doi.org/10.2139/ssrn.3399624

R. George Wright (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States

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