#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
4.5 • 2.8K Ratings
🗓️ 10 October 2023
⏱️ 9 minutes
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Summary
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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