Contributions by ‘Adrienne Stone’

I found three features of this debate especially eye-catching. The first is Weinstein’s reliance on the concept of viewpoint discrimination. As a comparativist of freedom of speech, it is always striking to see an aspect of First Amendment law invoked as a core principle of freedom of speech, given that in its aversion to viewpoint discrimination (like much else) First Amendment law is highly unusual. In other countries – like Canada and Australia – viewpoint discrimination is relevant to the determining the law’s validity but does not carry anything like the weight it does in First Amendment law.