The Logic of the First Amendment

  title={The Logic of the First Amendment},
  author={Clifford G. Holderness and M. C. Jensen and W. Meckling},
We develop a framework that is applicable to all freedom of expression disputes. Our framework is based on the meaning of freedom which is based on the meaning of scarcity, and which, in turn, is based on the existence of physical incompatibilities. To maximize freedom, one must differentiate between scarce and non-scarce rights. Scarce rights can not be granted to everyone because of natural limitations caused by physical incompatibilities. If one person burns a tree for warmth, another cannot… Expand
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The Economics of Freedom of Expression, New Palgrave Dictionary of Economics and the Law, Macmillan
  • 1998