This book is comprised of essays previously published in Philosophy & Public Affairs and also an extended excerpt from Michael Walzer's Just and Unjust Wars.

This two-volume collection of essays brings together major contemporary theoretical works on freedom of speech. Volume I, begins with a theoretical overview of freedom of speech and then turns to the topics of what justifies freedom of speech and what kinds of acts raise free speech concerns. Volume II, examines the distinctions among content regulations and between content and content-neutral regulations. It also analyses the concept of the public forum, inciting and hateful speech and lastly the tension between the subsidizing (...) activities of the affirmative state and the negative liberty of freedom of speech. (shrink)

In this chapter, I embrace Jeff Goldsworthy’s conclusion that Ronald Dworkin was an originalist regarding the meaning of canonical legal texts. I briefly examine the evidence for that claim, and I ask how its truth affects Dworkin’s fit-acceptability account of the nature of law. In a brief digression, I present a broad-brush view of the jurisprudential debate between legal positivists and natural lawyers. I then explain why the natural law view must fail and why legal positivists must make an unpalatable (...) choice between a gunman model and a model based on deception. Finally, I situate and explain Dworkin’s third-way jurisprudence and its fatal flaws. I conclude by explaining how devastating Dworkin’s originalism is for his third-way jurisprudential view that law consists of those principles that best justify the community’s past and present coercive political decisions. (shrink)