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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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When Speech Advances Civil Rights

When Speech Advances Civil Rights

(p.135) 18 When Speech Advances Civil Rights
Confessions of a Free Speech Lawyer

Rodney A. Smolla

Cornell University Press

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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