Contributions by ‘Eric Heinze’

…As I shall argue in this article, that form-substance distinction is what derails Waldron’s approach. Defenders of speech bans cannot coherently divide acts of human expression into two parts—on the one hand, the substance of a message, conveying its viewpoint, and, on the other hand, that message’s particular form of words, which might somehow be regulated without affecting the viewpoint. Like other defenders of bans, Waldron fails to establish his essential thesis, namely, that bans on extreme expression can be reconciled with democratic legitimacy.