As for the substance of Josh’s arguments, there seem to be three core premises that form the basis of his attack: 1) Government suppression of speech is uniquely coercive and widespread; 2) as a result of its unique ability to coerce, government suppression of speech is categorically bad; 3) certain words in the text of the First Amendment, like “speech” and “abridging,” have no consensus definition, granting certain leeway when it comes to dealing with many issues surrounding the First Amendment.
Let’s start with #1: The effects of government suppression of speech are uniquely coercive and widespread. Josh defends this premise by contrasting government suppression with much more benign forms of “suppression”: “Social norms and reputation matter a lot in affecting what people say and don’t say; the government is just one factor that affects speech, but the difference with the government is that its restrictions’ effects are more widespread.” The other factors that Josh names—social norms and reputations—are hardly elements of “suppression” at all; they basically amount to peer pressure. Of course government regulation is going to appear more coercive and significant than these opponents—it usually is more coercive and significant. Continue reading »