Why we need Free Expression Law
A.
Free Expression
encourages and permits conflict. However,
people can't operate such a system
without structure to prevent the escalation of conflict,
domination by those with the most power,
etc.
B.
Principles/norms are
needed so people know rights and limits in advance to avoid the
"chilling effect."
C.
Effective Free
Expression requires learning norms and techniques
for rational discourse, controlling conflict, etc.
Law facilitates
that.
D.
Law is needed to limit
government (or other BIG establishments) from dominating the
communication field,
-
We need
limits
on restricting expression - There is clear
history of government and other power groups
attempting and succeeding in silencing legitimate opposition.
-
We need
limits
on government persuasion efforts which can
overwhelm others by use of government power.
-
We need limits on
government creation of obstacles to open
expression
E.
Protection/development
of the "rights of conscience" is
philosophically central to the concept of the American spirit.