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	<title>Comments on: Public Opinion and Free Speech</title>
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	<link>http://volokh.com/2009/11/18/public-opinion-and-free-speech/</link>
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		<title>By: Myrtle Beach Attorney</title>
		<link>http://volokh.com/2009/11/18/public-opinion-and-free-speech/comment-page-1/#comment-699802</link>
		<dc:creator>Myrtle Beach Attorney</dc:creator>
		<pubDate>Thu, 03 Dec 2009 03:59:22 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21783#comment-699802</guid>
		<description>If you would like to find information about Colorado Springs Real Estate, visit the Real Estate Book, the web</description>
		<content:encoded><![CDATA[<p>If you would like to find information about Colorado Springs Real Estate, visit the Real Estate Book, the web</p>
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		<title>By: Grant</title>
		<link>http://volokh.com/2009/11/18/public-opinion-and-free-speech/comment-page-1/#comment-690873</link>
		<dc:creator>Grant</dc:creator>
		<pubDate>Thu, 19 Nov 2009 21:56:09 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21783#comment-690873</guid>
		<description>I&#039;m with trotsky and the others who think that the poll wording is likely to significantly skew the results here. I&#039;d bet that a question that said, &quot;Do you think people should be criminally prosecuted for saying things in public that might be offensive&quot; would get drastically different results.</description>
		<content:encoded><![CDATA[<p>I&#8217;m with trotsky and the others who think that the poll wording is likely to significantly skew the results here. I&#8217;d bet that a question that said, &#8220;Do you think people should be criminally prosecuted for saying things in public that might be offensive&#8221; would get drastically different results.</p>
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		<title>By: It&#8217;s Not Just the Second Amendment &#124; Snowflakes in Hell</title>
		<link>http://volokh.com/2009/11/18/public-opinion-and-free-speech/comment-page-1/#comment-690669</link>
		<dc:creator>It&#8217;s Not Just the Second Amendment &#124; Snowflakes in Hell</dc:creator>
		<pubDate>Thu, 19 Nov 2009 15:27:18 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21783#comment-690669</guid>
		<description>[...] The First Amendment seems to be enjoying more public support these days too. I&#8217;m happy about this, but frankly, I&#8217;m disappointed free speech doesn&#8217;t have broader support than barely breaking a majority sometimes. That really shouldn&#8217;t  be controversial. [...]</description>
		<content:encoded><![CDATA[<p>[...] The First Amendment seems to be enjoying more public support these days too. I&#8217;m happy about this, but frankly, I&#8217;m disappointed free speech doesn&#8217;t have broader support than barely breaking a majority sometimes. That really shouldn&#8217;t  be controversial. [...]</p>
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		<title>By: sk</title>
		<link>http://volokh.com/2009/11/18/public-opinion-and-free-speech/comment-page-1/#comment-690643</link>
		<dc:creator>sk</dc:creator>
		<pubDate>Thu, 19 Nov 2009 14:42:21 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21783#comment-690643</guid>
		<description>&quot;It seems pretty clear that the public opinion trends concerning freedom of expression are pointing in a more libertarian direction. We can see that in responses to questions regarding flag burning, hate speech, and indecent speech.&quot;

Au contraire, it doesn&#039;t seem clear to me at all that this is the case.  In fact, I&#039;d argue that we have traded one set of socially acceptable speech for another set.  

Ex: If you have ever watched comedians from 20 or 30 (maybe 30 or 40)  years ago, there socially acceptable comedy (towards homosexuals, towards blacks, etc) is dramatically different from it is now (I&#039;m thinking if a Dean Martin Roast in which Johnny Carson implied Red Foxx&#039;s ancestors were cannibals, as well as general comedy towards homosexuality). 

Political correctness (particularly on campuses) is another example of severe (but different) limits on speech.

These are merely anecdotes: but so is the flag burning example.

Furthermore, its not clear that &#039;freedom&#039; is merely defined by the presence of absence of law.  There are other limits on human behavior (social mores, religious limits, economic limits, etc) that can limit human behavior.  

(example: we perceive the Victorians as a bunch of stuffy, uptight prudes, who were afraid to show women&#039;s ankles, and afraid to mention sex, etc etc.  That perception is not based on the laws of Victorian society, but the morals of that society.  The Victorians were policing themselves, without the help of the State.)   

If one society allows flag burning but bans jokes about homosexuals, and the other does the opposite, which is more &#039;free&#039; in terms of freedom of expression?  

If one society has laws against public nudity, and another society has no laws, but nevertheless has public mores that make such nudity so socially unacceptable as to be effectively impossible, which is more &#039;free&#039; in terms of freedom of expression?

I&#039;m not saying you are necessarily wrong.  I&#039;m simply saying that you are not &#039;pretty clearly&#039; right about the progress of freedom of expression.  Yes, I suppose its easier (or less socially odious) to burn a flag than it used to be.  But that&#039;s a minor example.  

Sk</description>
		<content:encoded><![CDATA[<p>&#8220;It seems pretty clear that the public opinion trends concerning freedom of expression are pointing in a more libertarian direction. We can see that in responses to questions regarding flag burning, hate speech, and indecent speech.&#8221;</p>
<p>Au contraire, it doesn&#8217;t seem clear to me at all that this is the case.  In fact, I&#8217;d argue that we have traded one set of socially acceptable speech for another set.  </p>
<p>Ex: If you have ever watched comedians from 20 or 30 (maybe 30 or 40)  years ago, there socially acceptable comedy (towards homosexuals, towards blacks, etc) is dramatically different from it is now (I&#8217;m thinking if a Dean Martin Roast in which Johnny Carson implied Red Foxx&#8217;s ancestors were cannibals, as well as general comedy towards homosexuality). </p>
<p>Political correctness (particularly on campuses) is another example of severe (but different) limits on speech.</p>
<p>These are merely anecdotes: but so is the flag burning example.</p>
<p>Furthermore, its not clear that &#8216;freedom&#8217; is merely defined by the presence of absence of law.  There are other limits on human behavior (social mores, religious limits, economic limits, etc) that can limit human behavior.  </p>
<p>(example: we perceive the Victorians as a bunch of stuffy, uptight prudes, who were afraid to show women&#8217;s ankles, and afraid to mention sex, etc etc.  That perception is not based on the laws of Victorian society, but the morals of that society.  The Victorians were policing themselves, without the help of the State.)   </p>
<p>If one society allows flag burning but bans jokes about homosexuals, and the other does the opposite, which is more &#8216;free&#8217; in terms of freedom of expression?  </p>
<p>If one society has laws against public nudity, and another society has no laws, but nevertheless has public mores that make such nudity so socially unacceptable as to be effectively impossible, which is more &#8216;free&#8217; in terms of freedom of expression?</p>
<p>I&#8217;m not saying you are necessarily wrong.  I&#8217;m simply saying that you are not &#8216;pretty clearly&#8217; right about the progress of freedom of expression.  Yes, I suppose its easier (or less socially odious) to burn a flag than it used to be.  But that&#8217;s a minor example.  </p>
<p>Sk</p>
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		<title>By: ArrowSmith</title>
		<link>http://volokh.com/2009/11/18/public-opinion-and-free-speech/comment-page-1/#comment-690568</link>
		<dc:creator>ArrowSmith</dc:creator>
		<pubDate>Thu, 19 Nov 2009 06:45:51 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21783#comment-690568</guid>
		<description>Big Brother loves you. Yes he, watching you too.</description>
		<content:encoded><![CDATA[<p>Big Brother loves you. Yes he, watching you too.</p>
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		<title>By: corneille1640</title>
		<link>http://volokh.com/2009/11/18/public-opinion-and-free-speech/comment-page-1/#comment-690493</link>
		<dc:creator>corneille1640</dc:creator>
		<pubDate>Thu, 19 Nov 2009 02:56:36 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21783#comment-690493</guid>
		<description>Trotsky beat me to it.

&quot;should be allowed&quot; might mean different things to different people.  To some, it may mean &quot;should the government forbid?&quot;  To others, it may mean &quot;should someone have the right to call the other person out [on the offensive behavior in question]?&quot;</description>
		<content:encoded><![CDATA[<p>Trotsky beat me to it.</p>
<p>&#8220;should be allowed&#8221; might mean different things to different people.  To some, it may mean &#8220;should the government forbid?&#8221;  To others, it may mean &#8220;should someone have the right to call the other person out [on the offensive behavior in question]?&#8221;</p>
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		<title>By: Tweets that mention The Volokh Conspiracy » Blog Archive » Public Opinion and Free Speech -- Topsy.com</title>
		<link>http://volokh.com/2009/11/18/public-opinion-and-free-speech/comment-page-1/#comment-690449</link>
		<dc:creator>Tweets that mention The Volokh Conspiracy » Blog Archive » Public Opinion and Free Speech -- Topsy.com</dc:creator>
		<pubDate>Thu, 19 Nov 2009 01:49:38 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21783#comment-690449</guid>
		<description>[...] This post was mentioned on Twitter by Peter Black, Free Stuff. Free Stuff said: The Volokh Conspiracy » Blog Archive » Public Opinion and Free Speech http://bit.ly/4i5Cb5 [...]</description>
		<content:encoded><![CDATA[<p>[...] This post was mentioned on Twitter by Peter Black, Free Stuff. Free Stuff said: The Volokh Conspiracy » Blog Archive » Public Opinion and Free Speech <a href="http://bit.ly/4i5Cb5" rel="nofollow">http://bit.ly/4i5Cb5</a> [...]</p>
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		<title>By: trotsky</title>
		<link>http://volokh.com/2009/11/18/public-opinion-and-free-speech/comment-page-1/#comment-690446</link>
		<dc:creator>trotsky</dc:creator>
		<pubDate>Thu, 19 Nov 2009 01:40:57 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21783#comment-690446</guid>
		<description>Perhaps it&#039;s fussy here, but I find the passive &quot;should be allowed&quot; questions a little vague -- and free-speech violations thus easier to swallow, at least in theory -- compared with the specific and active &quot;Do you think the government ought to be able to fine ...&quot;

I don&#039;t think people should be allowed to spout racist commentary in public.  I just think the correct response is to say offensive things about the racists&#039; mothers or otherwise talk back to them -- and publicly.  I&#039;d speculate -- OK, maybe I&#039;d just hope -- that the question &quot;Should the government fine people who say in public things that might be offensive to racial groups?&quot; would get a lower positive response.</description>
		<content:encoded><![CDATA[<p>Perhaps it&#8217;s fussy here, but I find the passive &#8220;should be allowed&#8221; questions a little vague &#8212; and free-speech violations thus easier to swallow, at least in theory &#8212; compared with the specific and active &#8220;Do you think the government ought to be able to fine &#8230;&#8221;</p>
<p>I don&#8217;t think people should be allowed to spout racist commentary in public.  I just think the correct response is to say offensive things about the racists&#8217; mothers or otherwise talk back to them &#8212; and publicly.  I&#8217;d speculate &#8212; OK, maybe I&#8217;d just hope &#8212; that the question &#8220;Should the government fine people who say in public things that might be offensive to racial groups?&#8221; would get a lower positive response.</p>
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		<title>By: Tim</title>
		<link>http://volokh.com/2009/11/18/public-opinion-and-free-speech/comment-page-1/#comment-690417</link>
		<dc:creator>Tim</dc:creator>
		<pubDate>Thu, 19 Nov 2009 00:53:23 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21783#comment-690417</guid>
		<description>&lt;a href=&quot;http://www.thefire.org/article/10910.html&quot; rel=&quot;nofollow&quot;&gt;Here&#039;s my post on &lt;em&gt;The Torch&lt;/em&gt; (blog of the Foundation for Individual Rights in Education) on this topic in American high schools.&lt;/a&gt;</description>
		<content:encoded><![CDATA[<p><a href="http://www.thefire.org/article/10910.html" rel="nofollow">Here&#8217;s my post on <em>The Torch</em> (blog of the Foundation for Individual Rights in Education) on this topic in American high schools.</a></p>
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		<title>By: Strict</title>
		<link>http://volokh.com/2009/11/18/public-opinion-and-free-speech/comment-page-1/#comment-690357</link>
		<dc:creator>Strict</dc:creator>
		<pubDate>Wed, 18 Nov 2009 23:30:16 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21783#comment-690357</guid>
		<description>&quot;Janet Jackson’s nudity&quot;

A tiny PORTION of ONE of her nipples was exposed.

That&#039;s nudity?

Is using a urinal public nudity too?</description>
		<content:encoded><![CDATA[<p>&#8220;Janet Jackson’s nudity&#8221;</p>
<p>A tiny PORTION of ONE of her nipples was exposed.</p>
<p>That&#8217;s nudity?</p>
<p>Is using a urinal public nudity too?</p>
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		<title>By: Strict</title>
		<link>http://volokh.com/2009/11/18/public-opinion-and-free-speech/comment-page-1/#comment-690335</link>
		<dc:creator>Strict</dc:creator>
		<pubDate>Wed, 18 Nov 2009 22:58:29 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21783#comment-690335</guid>
		<description>Everyone&#039;s a racist.  So being racist or &quot;a racist&quot; without more means nothing.

What matters is how much such things pollute our minds, or alter our decision making, or make us angry or hostile, or interfere with our ability to socialize and get along with other people, etc.</description>
		<content:encoded><![CDATA[<p>Everyone&#8217;s a racist.  So being racist or &#8220;a racist&#8221; without more means nothing.</p>
<p>What matters is how much such things pollute our minds, or alter our decision making, or make us angry or hostile, or interfere with our ability to socialize and get along with other people, etc.</p>
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		<title>By: J. Aldridge</title>
		<link>http://volokh.com/2009/11/18/public-opinion-and-free-speech/comment-page-1/#comment-690278</link>
		<dc:creator>J. Aldridge</dc:creator>
		<pubDate>Wed, 18 Nov 2009 21:37:41 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21783#comment-690278</guid>
		<description>I think it is much more significant to view the public influences that leads to forming opinions then what someone might think. For example, someone thinks it is wrong to be offensive to racial groups in order to avoid being labeled a &quot;racist.&quot;</description>
		<content:encoded><![CDATA[<p>I think it is much more significant to view the public influences that leads to forming opinions then what someone might think. For example, someone thinks it is wrong to be offensive to racial groups in order to avoid being labeled a &#8220;racist.&#8221;</p>
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		<title>By: archon</title>
		<link>http://volokh.com/2009/11/18/public-opinion-and-free-speech/comment-page-1/#comment-690256</link>
		<dc:creator>archon</dc:creator>
		<pubDate>Wed, 18 Nov 2009 21:09:36 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21783#comment-690256</guid>
		<description>Yankee-

For your answer see Obama and those who were calling people that questioned his policies racists.</description>
		<content:encoded><![CDATA[<p>Yankee-</p>
<p>For your answer see Obama and those who were calling people that questioned his policies racists.</p>
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		<title>By: yankee</title>
		<link>http://volokh.com/2009/11/18/public-opinion-and-free-speech/comment-page-1/#comment-690250</link>
		<dc:creator>yankee</dc:creator>
		<pubDate>Wed, 18 Nov 2009 21:05:03 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21783#comment-690250</guid>
		<description>Do you have any idea why your survey produced such different numbers from the 2008 survey?  It seems unlikely that public opinion has changed that much; is there some methodological difference that explains it?</description>
		<content:encoded><![CDATA[<p>Do you have any idea why your survey produced such different numbers from the 2008 survey?  It seems unlikely that public opinion has changed that much; is there some methodological difference that explains it?</p>
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		<title>By: archon</title>
		<link>http://volokh.com/2009/11/18/public-opinion-and-free-speech/comment-page-1/#comment-690249</link>
		<dc:creator>archon</dc:creator>
		<pubDate>Wed, 18 Nov 2009 21:03:21 +0000</pubDate>
		<guid isPermaLink="false">http://volokh.com/?p=21783#comment-690249</guid>
		<description>I hate to say it but the 14 point shift to the first question, in just one year, might be because we have our first black president.</description>
		<content:encoded><![CDATA[<p>I hate to say it but the 14 point shift to the first question, in just one year, might be because we have our first black president.</p>
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