[글추천] 표현의 자유에 대하여

# 사이몬 젠킨스 "발언의 자유는 구속없이 존재하지 않는다"


When the art historian and TV presenter Sir Kenneth Clark was asked what quality best defined civilisation, he did not answer with liberty or wealth or equality. He answered with courtesy, the framework of rules governing people's tolerance of each other, so their discourse might be creative. Most of the time, it is best for that courtesy to be informal. The best rebuttal of the politics of hate is a torrent of love – or, if not love, at least of facts.

But sometimes, as Obama said, there is a yearning "to try to impose some order on the chaos". If American politics is now going the way of wounding, not healing, it needs the tonic of order. It is the great paradox of democracy. Free speech cannot exist without chains.


로날드 드워킨 "파괴적 결정"

The main theoretical flaw in Kennedy’s opinion is different, however. The opinion announces and perpetuates a shallow, simplistic understanding of the First Amendment, one that actually undermines one of the most basic purposes of free speech, which is to protect democracy. The nerve of his argument—that corporations must be treated like real people under the First Amendment—is in my view preposterous. Corporations are legal fictions. They have no opinions of their own to contribute and no rights to participate with equal voice or vote in politics.