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Conservatives like to insist that their judges are strict constructionists, giving the Constitution and statutes their precise meaning and no more, while judges like Ms. Sotomayor are activists. But there is no magic right way to interpret terms like 'free speech' or 'due process' - or potato chip.
To some, incredibly, Russia has become a human rights leader. Edward Snowden, the American whistleblower, has succeeded in his asylum application in Russia, and White House spokesman Jay Carney appears flummoxed and wrong-footed as the mantle of free speech and liberty appears to pass from West to East.
The facts of the fossil record never justified denying poor people a healthy diet. The facts of the weather record do not justify denying poor people affordable energy. And no set of facts, whatever they may be, can justify denying scientists - or anyone else, for that matter - the right to free speech.
To me, freedom of speech and debate are necessary inputs in solving any of our nation's problems, from homelessness and economic inequality to banking, the environment, and national security. Freedom of speech is what Larry Lessig would call a 'root' issue; working on free speech is striking at a root issue.
I'm not an absolutist about free speech. Intellectually, I believe that most of the time it's better to let things get said, argue them, and put lies and stupidities to rest. Practically, I know that newspapers rarely issue corrections with the same prominence they give to denouncements - and Twitter, by its nature, never does.
When I attended a forum on libel reform at the British Academy in 2011, 20 figures ranging from law professors to leading libel law firm, Carter Ruck, from MPs to free speech groups, discussed the issue of corporations. There was unanimous agreement that there needed to be restrictions on the right of corporations to sue in libel.
Thinking about free speech brought me to media regulation, as Americans access so much of their political and cultural speech through mass media. That led me to work on the FCC's media ownership rules beginning in 2005 to fight media consolidation, working with those at Georgetown's IPR, Media Access Project, Free Press, and others.
As you know, my father was for the inclusiveness and the betterment of society and the world. Certainly we recognize that there are diverse voices in our country, and people have the right of free speech. They have the right of choice, but again, it is our hope that when they choose, they choose to reflect those ideals that he taught us.
For Americans, with the advent of the U.S. invention of the Internet, free speech is not just open dissemination of ideas and information. It includes limitless instant access to those ideas and the ability to choose and search from among virtually unlimited sources. It is also the backbone of free enterprise and a vibrant global economy.