Will Globalization Kill Free Speech?

The First Amendment May Require New Limits in a More Interconnected World


U.S. Supreme Court justices are not supposed to say anything interesting outside of the Court, but in 2010 Justice Stephen Breyer was asked in a rare TV appearance if he thought a Florida pastor had a First Amendment right to burn a Quran.

First, Breyer cited the late Justice Oliver Wendell Holmes’ old line about not having the right to cry fire in a crowded theater. Then, he asked some interesting questions: What does that proverbial theater look like in our hyperlinked world? And what is our era’s equivalent of …

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