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Telling Stories for Liberty

David McGowan

University of San Diego School of Law

Minnesota Legal Studies Research Paper No. 04-3

This essay reviews David Bernstein's "You Can't Say That!: The Growing Threat to Civil Liberties From Antidiscrimination Laws." It uses Professor Bernstein's book to explore how a principle of free speech can be reconciled with a harm principle when persons claim that expression harms them. It suggests that reconciling such claims leads to a more utilitarian approach to free speech problems than the book employs. The essay also suggests that the book's narrative (storytelling) strategy is ill-suited to advance libertarian ends, and that no plausible free speech principle can support a general claim for freedom from government regulation.

Number of Pages in PDF File: 43

Keywords: Free speech, antidiscrimination

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Date posted: March 11, 2004  

Suggested Citation

McGowan, David, Telling Stories for Liberty. Minnesota Legal Studies Research Paper No. 04-3. Available at SSRN: https://ssrn.com/abstract=487507 or http://dx.doi.org/10.2139/ssrn.487507

Contact Information

David McGowan (Contact Author)
University of San Diego School of Law ( email )
5998 Alcala Park
San Diego, CA 92110-2492
United States
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