Posted by Thomas Cooper, guest-blogging:
On the Propriety and Expediency of Unlimited Enquiry (Continued):
http://volokh.com/archives/archive_2009_08_23-2009_08_29.shtml#1251403068 ... I proceed to the particular objections [to unlimited enquiry].
I. The propagation of falsehood is as injurious, as the propagation
of truth is beneficial....
Who is to be the judge of truth or falsehood? The lawgivers who
sedulously screen their own conduct from the public eye? If those who
arrogate the right to decide on the truth or falsehood of opinion (for
of facts we will speak presently) are liable to be mistaken, do they
not deal out their punishments in the dark? And who can pretend to
political infallibility? ...