Thursday, November 29, 2007

Chiasmus of the day

Gregory P. Magarian, Market Triumphalism, Electoral Pathologies, and the Abiding Wisdom of First Amendment Access Rights, 35 Hofstra L. Rev. 1373, 1391 (2007) (footnotes omitted):

Because conservative libertarians ascribe absolute legitimacy to market distributions, the mere possibility that an access rights regime might have disadvantages or might fail to achieve its aims suffices to condemn it. Conversely, conservative libertarians dismiss concerns about nongovernmental suppression of expression by invoking a rigid public-private distinction, which denies corporations and other private entities any legally cognizable capacity to undermine expressive freedom. Any attempt to ameliorate privately driven constraints on expression runs aground on the twinned convictions that government can only harm expressive freedom and that only government can harm expressive freedom.

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