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Confessions of a Free Speech LawyerCharlottesville and the Politics of Hate$
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Rodney A. Smolla

Print publication date: 2020

Print ISBN-13: 9781501749650

Published to Cornell Scholarship Online: January 2021

DOI: 10.7591/cornell/9781501749650.001.0001

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PRINTED FROM Cornell University Press SCHOLARSHIP ONLINE (www.cornell.universitypressscholarship.com). (c) Copyright University of Cornell University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in Cornell for personal use. date: 18 September 2021

When Speech Advances Civil Rights

When Speech Advances Civil Rights

Chapter:
(p.135) 18 When Speech Advances Civil Rights
Source:
Confessions of a Free Speech Lawyer
Author(s):

Rodney A. Smolla

Publisher:
Cornell University Press
DOI:10.7591/cornell/9781501749650.003.0018

This chapter draws attention to free speech awyers who defend freedom of speech that often find themselves defending people and causes that they personally find reprehensible. It mentions stock free speech clichés used by lawyers, which implies that lawyers may disagree on what their clients say but not their right to say it. It also analyzes Virginia Law School professor Leslie Kendrick's explanation on modern free speech principles, clarifying that it exists to shield unpopular views from the power of majorities. The chapter mentions the believers of the order and morality theory that argues that free speech principles should protect those on the side of righteousness and justice, such as the Black Lives Matter or Antifa in today's civil rights movements. It discusses the New York Times and Claiborne Hardware cases in order to explain why believers of the marketplace theory are not inclined to trust the government.

Keywords:   free speech, freedom of speech, Leslie Kendrick, modern free speech principles, Black Lives Matter, Antifa, civil rights movements

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