Telling Stories for Liberty
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
Date posted: March 11, 2004