Stuff to know: The following is a brief summary of some of the readings and some of LTs expressed thoughts on them. It is not intended as a way to avoid doing those readings. a) .
Gunther: - Argues for free speech despite admitting the harm that various forms of speech can have (he was raised as a Jew in Nazi Germany). - Has an 'absolutist' interpretation of the first amendment, where any attempt to curb the scope of free speech should be viewed with "skepticism and suspicion". - Argues that it is only the political extremes, who either reject the constitution or would have it not apply to their political opponents that typically argue for censorship. - Unlike Bork, he feels that protection of the first amendment is protection of the "anti-majority" LT: Best to let free speech reign and have people learn to argue their case against racial slurs etc. Creates a more empowered society. Restricting speech disempowers. Showing empowerment will render racial slurs impotent. - Being harmful not sufficient for being banned. Equality only real when people have the power to speak and rise up in moral indignation against those who would use racial slurs and the like. Part of Gunther's point (according to LT) is that democracy only works when the people are worthy of it (i.e. when they are willing to rise up and speak against racists etc.) Bottom line: speech hurts but not as much as censorship. b) .
Berger: - another 'absolutist' - Clever style of argument: does not stand on first amendment but looks to conservatives claim that pornography can cause the harm they say it does. The style? Take an issue that is deadlocked and try to find some other way to argue the point. (Example: abortion debate - deadlocked on whether fetus is a person and hence deserves person-rights) - 2nd clever style of argument: pulls up presuppositions. The conservative claim that sex becomes cheapened and perverted by porn seems to rely on a particular conception of sex that is not shared by everyone (perhaps by no one other than the conservatives themselves!) - Fear of conservatives: that people will merely use one another for sex.