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² See, for example, Matsuda, Mari, Lawrence, Charles III, Delgado, Richard, and Crenshaw, Kimberle Williams, Words that Wound (Boulder, CO: Westview Press, 1993).Google Scholar

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⁴ Mill, John Stuart, On Liberty (London: J. W. Parker and Son, 1859).Google Scholar

⁵ See Bromwich, David, Politics by Other Means: Higher Education and Group Thinking (New Haven: Yale University Press, 1992)Google Scholar; D'Souza, , Illiberal EducationGoogle Scholar; and Kimball, Roger, Tenured Radicals (New York: Harper and Row, 1990).Google Scholar

⁶ See, for instance, Drctske, Fred, Knowledge and the Flow of Information (Cambridge, MA: MIT Press, 1981)Google Scholar, which takes the paradigm of communication to be between an instrument and an observer, not between people; Quine, W. V., “Epistemology Naturalized,” in Ontological Relativity and Other Essays (New York: Columbia University Press, 1969)Google Scholar, which assumes that science should regard knowers as isolated organisms interacting with the world; and Bayesian theories in the philosophy of science, such as Earman, John, Bayes or Bust? (Cambridge, MA: MIT Press, 1992)Google Scholar, which define rational belief revision in strictly individualist terms.

⁷ The arguments and observations in this paragraph are indebted to Coady, C. A. J.'s fine book, Testimony (Oxford: Clarendon Press, 1992).Google Scholar

⁸ Longino, Helen, “Essential Tensions—Phase Two: Feminist, Philosophical, and Social Studies of Science,” in A Mind of One's Own, ed. Antony, L. and Witt, C. (Boulder, CO: Westview Press, 1993), p. 264.Google Scholar

⁹ See Kahneman, Daniel, Slovic, Paul, and Tversky, Amos, eds., Judgments under Uncertainty: Heuristics and Biases (Cambridge: Cambridge University Press, 1982).CrossRefGoogle Scholar

¹⁰ Solomon, Miriam. “Social Empiricism,” Noûs, vol. 28 (1994), pp. 325–43CrossRefGoogle Scholar, has documented the influence of these biases in scientists' evaluations of the theory of continental drift.

¹¹ Ibid., pp. 18–20. See also Longino, Helen, “Essential Tensions,” pp. 266–67.Google Scholar

¹² Bennett, William, To Reclaim a Legacy (Washington, DC: National Endowment for the Humanities, 198–1)Google Scholar; Symposium on the Great Books, Academic Questions (a publication of the National Association of Scholars), vol. 2 (1989)Google Scholar; and Bloom, , The Closing of the American Mind.Google Scholar

¹³ Raditsa, Leo, “On Sustenance: Teaching and Learning the Great Works,” Academic Questions, vol. 2 (1989), pp. 30–39CrossRefGoogle Scholar (arguing that “it is essential that the teacher subordinate himself … to the texts [of the great books],” p. 34).Google Scholar

¹⁴ See, for example, Rorty, Richard, “Feminism and Pragmatism,” Tanner Lectures in Human Values, vol. 13 (Salt Lake City: University of Utah Press, 1992), pp. 1–38Google Scholar; and Asante, Molefi K., The Afrocentric Idea (Philadelphia: Temple University Press. 1987).Google Scholar

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¹⁶ See, for example, Sunstein, Cass, Democracy and the Problem of Free Speech (New York: Free Press, 1993)Google Scholar; O'Neill, Onora, Constructions of Reason (Cambridge: Cambridge University Press, 1989)Google Scholar, chs. 1–2; and Longino, , “Essential Tensions.”Google Scholar

¹⁷ Use of this model by civil libertarians does not imply that they also support free markets in commodities, as political libertarians do. Most civil libertarians are liberals, not political libertarians. My target is all libertarians, whether civil or political, who are attracted by a market model of free speech. In drawing attention to some of the disturbing implications of this model for speech, I aim to persuade liberal civil libertarians that the same reservations they typically have about free markets in commodities apply to free markets in speech. I also aim to persuade political libertarians that free markets in speech are not sufficient to ensure freedom of speech for all, and can even reinforce cultures inimical to free speech.

¹⁸ Mill, , On Liberty, ch. 2.Google Scholar

¹⁹ See Kahneman, , Slovic, , and Tversky, , Judgments under Uncertainty.Google Scholar

²⁰ Scanlon, Thomas, “A Theory of Freedom of Expression,” Philosophy and Public Affairs, vol. 1 (1972), pp. 204–26.Google Scholar

²¹ Oliver Wendell Holmes, joined by Louis Brandeis, promoted the analogy most vividly: “The best test of truth is the power of the thought to get itself accepted in the competition of the market.” And: “The ultimate good desired is better reached through free trade in ideas” Abrams v. United States, 250 U.S. 630, 616 (1919)Google Scholar (Holmes and Brandeis, dissenting).

²² See, for example, Hentoff, , Free Speech for Me, but Not for Thee, p. 152Google Scholar (chiding “the Jacobins” for their lack of humor); Rauch, , Kindly Inquisitors, p. 130Google Scholar (arguing that calls for civility lead people to “go into the business of professional offendedness”); and Taylor, John, “Are You Politically Correct?” in Are You Politically Correct?, ed. Beckwith, Francis and Bauman, Michael (Buffalo, NY: Prometheus Books, 1993), p. 23Google Scholar (complaining that “joking isn't allowed!”).

²³ Longino, , “Essential Tensions,” pp. 265–66.Google Scholar

²⁴ This is not to defend “standpoint theory.” Standpoint theorists claim that the position of subordinate groups offers an epistemically privileged perspective on social phenomena. See Hartsock, Nancy, “The Feminist Standpoint,” in Feminism and Methodology, ed. Harding, S. (Bloomington: Indiana University Press, 1987).Google Scholar Our thoroughgoing epistemic interdependence implies that no particular subject position can claim epistemic privilege over all the rest. The argument for diversity need claim no more than symmetrical cognitive biases on everyone's part. If no one has a perfectly representative sample of experiences, and everyone generalizes from his or her own experiences, then everyone will be biased. If the research community consists of a demographically unrepresentative sample of people, biases will remain that can be corrected by expanding its representativeness, even if the new members are just as biased in their own way as the old ones are.

²⁵ Morris, Aldon, The Origins of the Civil Rights Movement (New York: Free Press, 1984).Google Scholar

²⁶ See, for example, Bleier, Ruth, Science and Gender (New York: Pergamon, 1984)Google Scholar; Tavris, Carol, The Mismeasure of Woman (New York: Simon and Schuster, 1992)Google Scholar; and Mac-Kinnon, Catharine, Toward a Feminist Theory of the State (Cambridge, MA: Harvard University Press, 1989).Google Scholar

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²⁸ O'Neill, , Constructions of Reason, pp. 30–31Google Scholar; Longino, , “Essential Tensions,” p. 267.Google Scholar

²⁹ Hall, Roberta, “The Classroom Climate: A Chilly One for Women?” (Washington, DC: Association of American Colleges, 1982)Google Scholar; Sadker, Myra and Sadker, David, Failing at Fairness (New York: Charles Scribner's Sons, 1994)Google Scholar; Wellesley College Center for Research on Women, How Schools Shortchange Girls (Washington, DC: American Association of University Women, 1992)Google Scholar; Becker, J. R., “Differential Treatment of Females and Males in Mathematics Classes.” Journal for Research in Mathematics Education, vol. 12 (1981), pp. 40–53CrossRefGoogle Scholar

³⁰ Paludi, M. A. and Bauer, W. D., “Goldberg Revisited: What's in an Author's Name,” Sex Roles, vol. 9 (1983), pp. 287–390.CrossRefGoogle Scholar

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³³ Sanders, Lynn, “Against Deliberation,” Political Theory (forthcoming).Google Scholar

³⁴ Numerous surveys of other campuses reveal similar patterns across the country. See The National Council for Research on Women, To Reclaim a Legacy of Diversity (New York: NCRW, 1993), and the reports in each issue of The Journal of Blacks in Higher Education.

³⁵ Matsuda, et al. , Words that Wound.Google Scholar

³⁶ Taylor, Charles, Multiculturalism and the Politics of Recognition (Princeton: Princeton University Press, 1993).Google Scholar

³⁷ Some of the most interesting cases of a free-market-driven abolition of civil society appeared in the nineteenth-century company towns of the United States. They embodied a culture of class-based inequality incompatible with the egalitarian demands of civil society. George Pullman, the owner of the company town Pullman, Illinois, owned all spaces of public and private association-including church buildings, schools, parks, businesses, municipal buildings, and houses-and asserted the property right to determine what went on in them. Company towns are a social order likely to return in the kind of free-market regime endorsed by political libertarians. On Pullman, see Walzer, Michael, Spheres of Justice (New York: Dasic Books, 1983), pp. 295–99.Google Scholar

³⁸ Addelson, Kathryn, “The Man of Professional Wisdom,” in Discovering Reality, ed. Harding, S. and Hintikka, M. (Dordrecht: D. Reidel, 1983), pp. 165–86.Google Scholar

³⁹ “Congress shall make no law … abridging the freedom of speech, or of the press. …”

⁴⁰ Gates, Henry Louis Jr., “Let Them Talk,” New Republic, 09 20 and 27, 1993, p. 45.Google Scholar

⁴¹ For example, Sadker, and Sadker, (in Failing at Fairness, pp. 46–48)Google Scholar report that most teachers who are shown through videotapes how they pay more attention to boys than to girls are surprised and hurt to discover this fact about themselves. Most genuinely like their female students, and sincerely profess belief in the equality of the sexes. People are unaware of many of their habits, which can persist even when they do not cohere with consciously held beliefs and attitudes.

⁴² See Rawls, John, Political Liberalism (New York: Columbia University Press, 1993), p. 152 n. 16.Google Scholar

⁴³ Chafe, William, Civilities ami Civil Rights (New York: Oxford University Press, 1980).Google Scholar

⁴⁴ See, for example, Wood, Gordon, The Radicalism of the American Revolution (New York: Vintage Books, 1993), ch. 15.Google Scholar

⁴⁵ See Cohen, , “Freedom of Expression,” p. 203.Google Scholar

⁴⁶ U.S. constitutional doctrine defines “fighting words” as speech that is not an essential part of the expression of ideas and that is so insulting that it provokes the average person to fight. Chaplinsky v. New Hampshire. 315 U.S. 568 (1942).Google Scholar

⁴⁷ This was the opinion Judge Avern Cohn correctly reached about the University of Michigan's student speech code in Doe v. Michigan, 721 F. Supp. 852 (E.D. Michigan, 1989).Google Scholar

⁴⁸ Spray-painted on the office walls of an African-American student and secretary at the University of Colorado, Denver; see The Journal of Blacks in Higher Education, vol. 1 (1993), p. 107.Google Scholar

⁴⁹ Matsuda, et al. , Words that Wound.Google Scholar An Illinois law against group defamation was upheld by the U.S. Supreme Court in Beauharnais v. Illinois, 343 U.S. 250 (1952).Google Scholar The “fighting words” doctrine is articulated in Chaplinsky v. New Hampshire, 315 U.S. 568 (1942).Google Scholar

⁵⁰ Gates, , “Let Them Talk,” pp. 39–40.Google Scholar

⁵¹ Ibid., p. 49.

⁵² See Scanlon, . “A Theory of Freedom of Expression” (supra note 20).Google Scholar