Comments on: Rhetoric v. Rhetoric http://www.concurringopinions.com/archives/2009/04/rhetoric_v_rhet.html The Law, the Universe, and Everything Tue, 14 Feb 2012 05:18:12 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Orin Kerr http://www.concurringopinions.com/archives/2009/04/rhetoric_v_rhet.html/comment-page-1#comment-43298 Orin Kerr Thu, 16 Apr 2009 05:51:32 +0000 http://www.solove.org/archives/2009/04/rhetoric-v-rhetoric.html#comment-43298 Seth, Yes, that seems about right. Seth,

Yes, that seems about right.

]]> By: Seth Finkelstein http://www.concurringopinions.com/archives/2009/04/rhetoric_v_rhet.html/comment-page-1#comment-43297 Seth Finkelstein Thu, 16 Apr 2009 02:47:39 +0000 http://www.solove.org/archives/2009/04/rhetoric-v-rhetoric.html#comment-43297 Yes, but I'd phrase it slightly differently. People usually think of free speech as a civil right. So the civil-rights rhetoric is designed to neutralize that, by coming up with a counter-right to override free speech, in the same "dimensions". Think of it as a liberal version of the conservative law-and-order rhetoric of "A criminal's civil-rights? What about _my_ civil-rights to walk in safety?". Yes, but I’d phrase it slightly differently.

People usually think of free speech as a civil right. So the civil-rights rhetoric is designed to neutralize that, by coming up with a counter-right to override free speech, in the same “dimensions”.

Think of it as a liberal version of the conservative law-and-order rhetoric of “A criminal’s civil-rights? What about _my_ civil-rights to walk in safety?”.

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