Speaking speech

To speak or not to speak? This is the question.

Justice Louis Brandeis, in his compelling opinion nearly seventy-five years ago in the criminal syndication case of Whitney v. California, in which he articulated the premise of what today is known as the “Doctrine of Counterspeech.” Here is a brief excerpt from his opinion (at the URL below):

“When it came to expression that was perceived by some to be dangerous, threatening, or harmful, Brandeis famously wrote, “If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence.”

English: Photo of Louis Brandeis

Brigham Young University’s 2000 Law Review (archives) titled “Counterspeech 2000: A New Look at the Old Remedy for “Bad” Speech” by Robert D. Richards and Clay Calvert. The article has a lot of interesting points worth considering. Tell us what you think and say what you will, while we all get educated from your speech.

lawreview.byu.edu

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