Essay Database

In the essay in his recent book, "There's No Such Thing as Free Speech and it's a Good Thing Too," Fish argues that free speech "is not an independent value, but a political prize," and any differences, which the courts have drawn between, protected and unprotected expressions are "malleable." Like any other concept, the principle of free speech is, for Fish, "inherently nothing," but one more noise in the "din and confusion of partisan struggle." …

…as a basis for restrictions, as Fish advocates. Influence is far too indirect a way to look at things, as it would leave the door open to far more invasive restrictions that even Fish would probably not enjoy. You could be threatened, harassed, and trampled, as a person thinks it is amusing to yell "fire" in crowds. That is not appealing to me either so my position is more moderate in the philosophy of Fish.