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The Borkean case against Robert Bork's case for censorship.
- Article from:
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Harvard Journal of Law & Public Policy
- Article date:
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March 22, 2008
- Author:
- Somin, Ilya
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Copyright informationCOPYRIGHT 2008 Harvard Society for Law and Public Policy, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The primary purpose of this Essay is to criticize Robert Bork's advocacy of government censorship of American culture. However, I come as much to praise Judge Bork as to criticize him. To my mind, the principles advanced in his book, The Antitrust Paradox, (1) are just as much applicable to government regulation of culture as they are to government regulation of the economy--to some extent even more so. In his essay on The Antitrust Paradox in this volume, Judge Frank Easterbrook noted that Bork's conclusion in that book was that regulators should not "second-guess" the results of markets. (2) This principle applies just as much to cultural markets as to product markets. The ...