My Review of Rick Hasen's Cheap Speech

 

Here's an excerpt: 

"Suppose you are on a sea vessel that is rapidly taking on water. You are given an honest description of the cracks in the hull, and you are told, too, what steps the crew and passengers might take toward mending those holes and what the realistic chances are that any of these procedures might do all that could reasonably be expected of them. This crisis response, which I take to be analogous to what Hasen has provided in the area of democracy, would all be well and good, I think, if (i) water were not being taken on in an amount and speed that will surely sink the ship within an hour, and (ii) the crew were not simply passing out a couple dozen ladles."

You can read the whole thing here