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The John Batchelor Show

#Bestof2022: STATE CANCEL CULTURE: 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; senior lecturer, University of Chi

The John Batchelor Show

John Batchelor

Society & Culture, Arts, News, Books

4.52.8K Ratings

🗓️ 10 October 2023

⏱️ 9 minutes

🧾️ Download transcript

Summary

#Bestof2022: STATE CANCEL CULTURE: 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; senior lecturer, University of Chicago Law School

https://www.hoover.org/research/can-artistic-freedom-survive-state-coercion

1942 DC

Transcript

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0:00.0

This is CBS Island in the world.

0:02.1

I'm John Baxter with Professor Richard Epstein, a senior fellow for the Hoover Institution.

0:06.6

He teaches law at NYU in the University of Chicago.

0:09.6

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

0:15.2

Supreme Court.

0:16.7

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

0:21.6

and material harm, did I say that correctly and what are the distinctions that are important

0:26.2

here, Richard?

0:27.2

Sure.

0:28.2

Material harm means an economic outlay of some form or another.

0:32.0

And what happened is the judges who decided in favor of this state, so there was material

0:37.9

harm.

0:38.9

That material harm is basically $2 or $1, the course that takes you to go from one website

0:44.2

to another.

0:45.2

In the case, you had to at least walk down the block here.

0:48.4

What you have to do is to flip the switch to get to a thousand other cases.

0:52.0

I did my little search on the line and I just put in gay bakers and so forth and wedding

0:57.9

planners in Colorado and a bunch of a huge number of websites, all of which are dedicated

1:03.6

to serving gay customers.

1:06.1

And most of them are, they say they're gay, we don't know whether they serve other people,

1:09.7

it doesn't really matter.

1:11.6

But what's really interesting is under the section, it's any communication that indicates

...

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