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The John Batchelor Show

/22: #Bestof2022: The First Amendment in question. 2/2: #SCOTUS: Freedom of speech by Justice Robert Jackson, 1943. Richard A Epstein, @RichardAEpstein, @HooverInst, Tisch Professor of Law NYU Bedford Senior Fellow; Hoover Institution.

The John Batchelor Show

John Batchelor

News, Arts, Books, Society & Culture

4.52.8K Ratings

🗓️ 16 February 2023

⏱️ 10 minutes

🧾️ Download transcript

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@Batchelorshow
1849 Germany


/22: #Bestof2022: The First Amendment in question. 2/2: #SCOTUS: Freedom of speech by Justice Robert Jackson, 1943. Richard A Epstein, @RichardAEpstein, @HooverInst, Tisch Professor of Law NYU Bedford Senior Fellow; Hoover Institution.
https://www.hoover.org/research/can-artistic-freedom-survive-state-coercion

Transcript

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0:00.0

Monso Business Banking. It just works. So you can too. Join businesses like Target

0:05.7

to Wishing by opening a Monso Business account.

0:07.8

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0:12.9

it can be tagged. We thought we'd have to manage our business around our banks, but that's

0:17.3

not the case for Monso.

0:18.4

My name is Shun. I am the Founder of Target Trition.

0:21.6

Apply in minutes at Monso.com slash business. To apply you must be a sole trader or director

0:26.6

of a limited company, UK Business is only terms and conditions apply.

0:30.0

This is CBS Island in the world. I'm John Baxter with Professor Richard Epstein, a senior

0:34.9

fellow for the Hoover Institution. He teaches law at NYU in the University of Chicago.

0:39.8

And Richard is a classical liberal interpreting the law in this case, a case before the Supreme

0:45.7

Court. From the point of view of the classical liberal definition of harm, both dignitary

0:51.3

harm and material harm. Did I say that correctly? And what are the distinctions that are important

0:56.3

to the character?

0:57.3

Sure. Material harm means an economic outlay of some form or another. And what happened

1:02.9

is the judges who decided in favor of this state. So there was material harm. That material

1:09.6

harm is basically $2 or $1. Of course, it takes you to go from one website to another.

1:15.2

In the case, you had to at least walk down the block here. What you have to do is to flip

1:19.7

the switch to get to a thousand other cases. I did my little search on the line and I

1:24.9

just put in gay bakers and so forth and wedding planners in Colorado and a bunch of a huge

1:31.7

number of websites, or which is dedicated to serving gay customers. And most of them

1:36.8

are, they say they're gay. We don't know whether they serve other people. It doesn't really

...

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