Sunday, November 19, 2017

Entertaining Satan: Why We Tolerate Terrorist Incitement

Andrew Koppelman

Recently proposed restrictions of terrorist incitement, beyond what is already unprotected, are unworkable. The law cannot reach internet speech that originates overseas, and restrictions on reading such material cannot give readers adequate notice of what is banned. There is also value in permitting readers to expose themselves even to evil and destructive views. When people are treated as adults, they may make bad choices, but free people have to be permitted to contemplate such choices.

I elaborate in a new paper in the Fordham Law Review, here, part of a “Terrorist Incitement on the Internet” Symposium that also includes contributions by Alexander Tsesis, Alan K. Chen, Danielle Keats Citron & Benjamin Wittes, Raphael Cohen-Almagor, Caroline Mala Corbin, David S. Han, Heidi Kitrosser, Helen Norton, Martin H. Redish & Matthew Fisher, and Thane Rosenbaum.

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