If you read certain columnists or follow a particular set of writers and pundits on social media—including me—you know that the First Amendment is always in crisis. Nearly every incursion, whether it’s the shouting down of a conservative speaker on a college campus or an alleged incident of hate speech, gets shoved into a civil-liberties outrage machine, generating new cycles of vitriol and pushback. And yet the resulting debates, on op-ed pages and elsewhere, can feel strangely abstract and academic. The pundits and scholars who participate in them sometimes seem like taxonomists who show more concern for the precision of their determinations than for real-world outcomes for speech and expression.
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