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Tyrants and Freedom of Expression

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As David A. Strauss so cogently recognized, in his article, Persuasion, Autonomy, and Freedom of Expression, 91 Colum. L. Rev. 334, 337 (1991): "[T]yrants suppress speech because they fear it will be persuasive."

This fear explains some of the major developments in free speech history. For example, after Johannes Gutenburg invented the printing press in 1436, governments moved to suppress this new "technology" because people could use it to communicate more efficiently and effectively with each other. Prior to this invention, the people could communicate with each orally, but it was difficult to efficiently communicate with large audiences. The printing press changed the dynamic by allowing people to print multiple copies of texts and disseminate them widely.

At the same time, this "democratization" of technology struck fear into the heart of government which previously had exercised a semi-monopoly over the means of communication. In an attempt to address the potential "evils" that might result from unrestrained communication, governments enacted licensing laws (which prevented individuals from publishing without a license, and required that proposed texts be vetted through governmental censors), and England (in particular) enacted seditious libel laws (which made it a crime to criticize the government, and punished truthful communications more severely than untrue communications on the theory that they were more likely to have impact).

The "Deadly Sins" of Deaning

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In his article, The Seven Deadly Sins of Deaning,  Dean Steven Smith (Cal. Western), a former colleague here at Louisville, points out that:

"DEANS sin. There are the petty offenses: the occasional missed reception, the student's name forgotten, or the parliamentary gaff at a faculty meeting. These are generally forgiven and dismissed before the next graduation.

There are, however, the more serious decanal transgressions that are not so easily forgiven or forgotten. The worst of these are deaning's Seven Deadly Sins, the wrongs that will rot a deanship. They may destroy the trust that allows a dean to function, dissipate the opportunity for the law school to make progress under a dean, or interfere with the collegial environment that supports learning and discovery."

So, you might ask, what are the "deadly sins?"  Dean Smith summarizes them as follows: deception, revenge, narcissism, pessimism, taciturnity, disloyalty and aimlessness.  In subsequent blogs, I will talk about some of these "sins." 

Tyrants

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The tyrant will always find a pretext for his tyranny.
--Aesop (~550 BC)