Jonathan Turley

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Jonathan Turley


Born
in Chicago, Illinois, U.S., The United States
May 06, 1961


Jonathan Turley is an American attorney, legal scholar, writer, commentator, and legal analyst in broadcast and print journalism.

Average rating: 4.36 · 384 ratings · 67 reviews · 8 distinct worksSimilar authors
The Indispensable Right: Fr...

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The C.A.M. Charity Anthology

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Same-Sex Marriage and Relig...

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Jonathan Turley Testimony R...

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A guide to citizen law enfo...

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Military History Magazine (...

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Rage and the Republic: The ...

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“Today’s advocates of harm-based speech controls flip this concept on its head in treating censorship as a type of self-defense. That is the flawed logic behind the now common position on campuses, that blocking or interrupting speakers is itself a form of free speech.”
Jonathan Turley, The Indispensable Right: Free Speech in an Age of Rage

“The answer to that question has made a profound difference in the protection or prosecution of speech. One can view water as indispensable for putting out fires, but that is different from viewing water as an essential element for life. Similarly, free speech can be viewed as indispensable to democracy, protected for its ability to foster the forming and advocacy of political positions. Yet that indispensability is cabined as a function of political expression. As such, it can be dispensable in other areas or when the speech is deemed of lesser value. Alternatively, as argued in this book, it can be indispensable because it is an essential part of being human, a natural right. Whether based on a religious view of a divine gift or a secular view of inherent human qualities, this broader view treats speech as indispensable as the manifestation of a creative and expressive impulse regardless of the subject matter. Neither view treats free speech as an absolute. However, the latter view based on individual autonomy allows fewer “trade-offs” through balancing and harm-based tests.”
Jonathan Turley, The Indispensable Right: Free Speech in an Age of Rage

“Recognizing a human right in an inhuman person seems a contradiction in terms. It is not. It is not that his views have value to society, but that they have value to him. He has a right to expression even though others rightfully find those views disgusting and despicable. His ability to express views despised by most of us is the affirmation of the right of all humans to exercise a natural or autonomous right. Basing the right on that autonomous basis negates the balancing or devaluation inherent under functionalist rationales. Being offended, even intimidated, by the views of others is not a harm under this Millian approach. He is projecting his view of humanity and himself into society. While grotesque and hateful, it can be countered by our own countervailing speech. This classic liberal belief that the solution to bad faith is good faith is often rejected as naïve. It has not, many have argued, stopped the rise of Nazism or the spread of racism, anti-Semitism, and other hateful ideologies. Yet allowing free speech will not eradicate bad ideas any more than practicing democracy will eradicate the impulse for authoritarianism. Racism and prejudice will always be present in society. Moreover, extremist rhetoric is always likely to attract the most attention, even if it is the product of a small minority in society. Still, history has shown that censorship and speech suppression do little more than force such views underground.”
Jonathan Turley, The Indispensable Right: Free Speech in an Age of Rage



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