“Free Speech and Private Power”
I have a short essay with this title in the Harvard Law Review Forum, responding to the Harvard Law Review’s publication of Evelyn Douek & Genevieve Lakier’s excellent new article, Lochner.com? I actually agree with much of what Douek & Lakier say, but offer a somewhat different perspective on the matter. Here’s the Introduction; I’ll likely also post excerpts from the piece in coming days. What may and what should courts and legislatures do about private restrictions on speech? […]