Reason.com - Free Minds and Free Markets
Reason logo Reason logo
  • Latest
  • Magazine
    • Current Issue
    • Archives
    • Subscribe
    • Crossword
  • Video
  • Podcasts
    • All Shows
    • The Reason Roundtable
    • The Reason Interview With Nick Gillespie
    • The Soho Forum Debates
    • Just Asking Questions
    • The Best of Reason Magazine
    • Why We Can't Have Nice Things
  • Volokh
  • Newsletters
  • Donate
    • Donate Online
    • Donate Crypto
    • Ways To Give To Reason Foundation
    • Torchbearer Society
    • Planned Giving
  • Subscribe
    • Reason Plus Subscription
    • Print Subscription
    • Gift Subscriptions
    • Subscriber Support

Login Form

Create new account
Forgot password

Politics

Borking Bork

Damon Root | 5.27.2008 2:22 PM

Share on FacebookShare on XShare on RedditShare by emailPrint friendly versionCopy page URL
Media Contact & Reprint Requests

Over at the Volokh Conspiracy, libertarian legal scholar and reason contributor Ilya Somin directs us to his essay, "The Borkean Case Against Robert Bork's Case for Censorship," which is now available for downloading at the Social Science Research Network. In short, Somin deploys Bork's own arguments against anti-trust legislation to undermine Bork's later position in favor of government censorship. While the whole thing is well worth your time, here's one particularly sobering description of Bork's illiberal approach to free speech and popular culture:

At the outset, it is important to appreciate the radical sweep of Judge Bork's vision in Slouching Towards Gomorroah. Although Bork is usually viewed, quite correctly, as a conservative, there are some radical implications to this book. Judge Bork not only criticizes modern liberals and libertarians, he also goes way back to the source, so to speak, and attacks the Enlightenment, the Declaration of Independence, and John Stuart Mill. Judge Bork harshly criticizes the principles of the Declaration, arguing that they are "pernicious" if "taken…as a guide to action, government or private." He denounces John stuart Mill's liberty-protecting "harm principle" as "both impossible and empty."

There is, therefore, a great deal at stake in considering Judge Bork's argument in Sloaching Towards Gomorrah. If we accept it, we would have to reject a very large part of the American tradition of individual freedom and perhaps even the broader Western tradition of liberalism.

Whole thing available here.

Start your day with Reason. Get a daily brief of the most important stories and trends every weekday morning when you subscribe to Reason Roundup.

This field is for validation purposes and should be left unchanged.

NEXT: I Can Recall a Familiar Smile

Damon Root is a senior editor at Reason and the author of A Glorious Liberty: Frederick Douglass and the Fight for an Antislavery Constitution (Potomac Books).

PoliticsCivil LibertiesFree SpeechConstitution
Share on FacebookShare on XShare on RedditShare by emailPrint friendly versionCopy page URL
Media Contact & Reprint Requests

Show Comments (33)

Latest

Capitalism in the Cracks: How Japan's Microspaces Unleash Economic Experimentation

Katarina Hall | From the August/September 2025 issue

Raw Milk Debates Are Turning Sour in Florida

C. Jarrett Dieterle | 8.30.2025 7:00 AM

Federal Appeals Court Says Trump's Tariffs Are Unlawful, Allows Them To Remain in Place

Eric Boehm | 8.29.2025 7:10 PM

Trump's Tariffs and Immigration Policies Are Why Your Amazon Packages Are So Expensive and Will Take Forever

Jack Nicastro | 8.29.2025 6:20 PM

Neither Cranks Nor Hacks Should Head HHS

Matt Welch | 8.29.2025 3:16 PM

Recommended

  • About
  • Browse Topics
  • Events
  • Staff
  • Jobs
  • Donate
  • Advertise
  • Subscribe
  • Contact
  • Media
  • Shop
  • Amazon
Reason Facebook@reason on XReason InstagramReason TikTokReason YoutubeApple PodcastsReason on FlipboardReason RSS

© 2025 Reason Foundation | Accessibility | Privacy Policy | Terms Of Use

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Take Reason's short survey for a chance to win $300
Take Reason's short survey for a chance to win $300
Take Reason's short survey for a chance to win $300