Word: free-market
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...same time what few restrictions still remain against commercial activity. According to Tim O'Reilly, president of O'Reilly & Associates, a publisher experimenting with advertiser-supported ^ Internet magazines, the system could evolve in one of two ways: either entrepreneurs will manage to set up shop on a free-market version of the Internet, or some consortium will take the whole thing over and turn it into a giant CompuServe. "That's an outcome," O'Reilly says, "that would effectively destroy the Internet as we know...
...civil libertarian perspective on free speech is essentially an efficiency formula which posits a free market in which all sorts of competing speech is sorted out, finding its natural value or water level. There are fewer systemic distortions associated with this natural free-market paradigm than with rules and procedures fabricated by non-market agency, be it government, university, courts, ad hoc boards...
Critical-legal theorists have disaggregated the hegemonic boundaries that are masked by a presumptively "free" or "libertarian" market agency that mediates values in the American system, be they economic values or cultural values such as speech. Whether Billett recognizes it or not, the free-market agency of Prof. Mansfield's hate-speech directed at gays is little more than a mask for a quest for what I would call Nativist Hegemony...
...other words, the hate-speech discourse that Prof. Mansfield and other New Right intellectuals traffic in under the free-speech cultural agency is an extra-democratic bid to entrench privileged cultural enclaves and status enclaves. hate-speech of the type that Mansfield traffics in (viz. homosexuality "undermines civilization") is not just another disinterested quest via the free-market agency for a benign pedagogical outcome...
...virtually the only major democratic state that gives serious sway to the free-market or libertarian paradigm on speech issues. This is outmoded, I think. New Right intellectuals--and those they influence--utilize hate-speech as part of a cynical manipulation of the insecurities, anger, and confusion that are fundamental to postmodern life. Mansfield and his hate-speech are, I believe, very much the "business of the university," to quote Prof. Warren Goldfarb who differs with me on this. Martin Kilson Thomson Professor of Government