When AK shoots from the lip, life is never boring. One friend likes his fiercely libertarian instincts, another his mercurial contrarian attitudes – I have always been a fan of his provocative First Amendment scholarship and decisions (one of the classic articles on the doctrine of commercial speech is Kozinski and Stuart Banner “Who’s Afraid of Commercial Speech?” 76 Virginia Law Review 627 (1990) (pdf); see also their sequel “The Anti-History and Pre-History of Commercial Speech” 71 Texas Law Review 747 (1993) (pdf); summary here).
Last week, he made speech theory life very interesting indeed. Delivering an address at a Pepperdine University School of Law Sympoisum on Free Speech & Press in the Modern Age – Can 20th Century Theory Bear the Weight of 21st Century Demands?, AK argued that the First Amendment is dead! In a summary provided by Roger Alford on Opinio Juris (also Legal Blog Watch | First Amendment Law Prof Blog), in a speech entitled “The Late, Great First Amendment”, the essence of what AK had to say was that
in a day when Internet speech is not capable of suppression, the ability of the First Amendment to have a moderating effect is now gone.