and her supporters were mostly other influential libertarians.
Scott Alexander writes:
And they were all using the old argument that the concept of “free speech” came into existence ex nihilo on December 15, 1791 with the ratification of the First Amendment, and has no meaning or significance outside a purely legal context of delimiting government power.
I have a friend who grew up gay in a small town in Alabama, where “faggot” was the all-purpose insult and the local church preached hellfire as the proper punishment for homosexuality. He unsurprisingly stayed in the closet throughout his childhood and ended up with various awful psychological problems.
If you’re a very stupid libertarian strawman, you might ask whether that town had any anti-gay laws on the book – and, upon hearing they didn’t, say that town was “pro-gay”. If you’re not a very stupid libertarian strawman, you hopefully realize that being pro-gay isn’t about boasting how progressive your law code looks, it’s about having a society where it’s possible to be gay. Not having laws against locking up gay people is a necessary precondition, but it’s useless on its own. You only get good results if good laws are matched by good social norms.
Likewise, the goal of being pro-free-speech isn’t to make a really liberal-sounding law code…