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Saturday, December 22, 2012

A statement too far?

We live (thankfully) under a Brandeisian "remedy to be applied is more speech" model of the freedom of speech, which protects "verbal tumult, discord, and even offensive utterance" and accepts "verbal cacophony" as "necessary side effects of the broader enduring values which the process of open debate permits us to achieve." One underlying theory of that model is that eventually speakers will be exposed--one statement will go too far or be so totally tone-deaf, ungrounded in reality, insincere or cynical that the speaker loses all credibility.

I wonder if Wayne LaPierre (if not necessarily the NRA as a whole) hit that point yesterday. Probably not, truth be told. But we can hope.

Posted by Howard Wasserman on December 22, 2012 at 11:13 AM in Current Affairs, Howard Wasserman, Law and Politics | Permalink


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If Mr. LaPierre did not hit that point yesterday, perhaps we should take that as evidence that the Brandeisian regime is predicated on a myth.

Posted by: Brian | Dec 22, 2012 12:45:53 PM

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