Computers, Privacy & the Constitution

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NathanielCriderSecondPaper 4 - 05 May 2015 - Main.NathanielCrider
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The First Amendment & Autonomy

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 A third argument asserts that the mind is simply off limits to the coercive powers of the state. While an individual may cede authority to the state to draw the necessary boundaries between their respective spheres of action, her interest in autonomy forbids her from ceding authority to the state to limit her use of rational powers. Even if by choosing one alternative she will be punished by the state, she retains the right to receive information, weigh conflicting justifications, and make her choice. She is absolutely sovereign in her deliberations.
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<		It is a virtue of this theory that its narrow conception of autonomy is consistent with our moral and political history. From a non-positivist legal perspective, however, we might be concerned that a state is not precluded – at least morally – from limiting sources information that might produce non-compliance of a just law. To that end, the argument may be significantly underinclusive in its protection of the individual from efforts by the state to subvert rational deliberation.
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>		It is a virtue of this theory that its narrow conception of autonomy is consistent with our moral and political history. From a non-positivist legal perspective, however, we might be concerned that a state is not precluded – at least morally – from limiting sources information that might produce non-compliance of a just law. To that end, the argument may be significantly underinclusive in its protection of the individual from efforts by the state to subvert rational deliberation.
 

Free Expression as a Necessary Condition for Self-Governance


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