All speech should be presumed to be protected by the Constitution, and a heavy burden should be placed on those who would censor to demonstrate with relative certainty that the speech at issue, if not censored, would lead to irremediable and immediate serious harm.
I'd require that every university, public or private, be governed by the constitutional standards regarding freedom of expression and due process. There is no reason for treating adult college students any differently in the university setting than in the outside world.
You know, it's ironic to me that Christians want to keep the Ten Commandments in our schools, because Christianity has abrogated four of the Ten Commandments. For example, the Sabbath day according to the Ten Commandments is Saturday, not Sunday. And the reason is because God rested, not because Jesus was resurrected.
Imagine a legal system in which lawyers were equated with the clients they defended and were condemned for representing controversial or despised clients.
On television and in the movies, crimes are always solved. Nothing is left uncertain. By the end, the viewer knows whodunit. In real life, on the other hand, many murders remain unsolved, and even some that are "solved" to the satisfaction of the police and prosecutors lack sufficient evidence to result in a conviction.
I am attacked equally by the hard right and the hard left for expressing what they regard as politically incorrect views. I thrive on such controversy and welcome it. It only encourages me to speak out more. I have not been affected by attacks on me for defending freedom of speech and due process.
I don't think the law exists to arrive at the truth. If it did, we wouldn't have exclusionary rules, we wouldn't have presumptions of innocence, we wouldn't have proof beyond reasonable doubt. There's an enormous difference between the role of truth in law and the role of truth in science. In law, truth is one among many goals.
We live in an age where there is both more expression and more self-censorship than existed even a decade ago. Alas, laws have immunized internet carriers from many of the usual rules that govern public dialogue. Rights must always stay ahead of technology to assure that constitutional protections apply to all forms of communication.
The threat of mutually assured destruction worked for the United States during the Cold War because it had proved its willingness to drop nuclear bombs on enemy cities at the end of World War II. It might work less well for Israel, because the Israeli Air Force has never deliberately targeted a large civilian population center, and its leaders have said its morality would not permit it do so.
If torture is going to be administered as a last resort in the ticking-bomb case, to save enormous numbers of lives, it ought to be done openly, with accountability, with approval by the president of the United States or by a Supreme Court justice.
Freedom of speech means freedom for those who you despise, and freedom to express the most despicable views. It also means that the government cannot pick and choose which expressions to authorize and which to prevent.