Telling Stories for Liberty

43 Pages Posted: 11 Mar 2004  

David McGowan

University of San Diego School of Law

Abstract

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.

Keywords: Free speech, antidiscrimination

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

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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