Rhetoric & Technical Communication
Rhetoric & Technical Communication
Aaron A. Toscano, Ph.D., Associate Professor, Dept. of English

Resources and Daily Activities

  • Charlotte Debate
    • Fall 2025 & Spring 2026 Tournaments
    • Fall 2025 Practice Resolutions
  • Conference Presentations
    • Critical Theory/MRG 2023 Presentation
    • PCA/ACA Conference Presentation 2022
    • PCAS/ACAS 2024 Presentation
    • PCAS/ACAS Presentation 2021
    • SAMLA 2024 Presentation
    • SEACS 2021 Presentation
    • SEACS 2022 Presentation
    • SEACS 2023 Presentation
    • SEACS 2024 Presentation
    • SEACS 2025 Presentation
    • SEWSA 2021 Presentation
    • South Atlantic MLA Conference 2022
  • Dr. Toscano’s Homepage
  • Engaging with American Democracy
    • August 19th: Introduction to Class
    • August 21st: The Declaration of Independence
      • Drafting the Declaration of Independence
    • August 26th: Attention on the Second Continental Congress
      • Abigail Adams to John Adams
      • The Mecklenburg Declaration of Independence
    • August 28th: “What is an American?”
      • de Crèvecoeur’s “What is an American?”
    • September 16th: The Pursuit of Happiness
    • September 2nd: The Constitution of the United States
    • September 4th: Alexis de Tocqueville
    • September 9th: Washington’s Farewell Address (1796)
  • ENGL 2116-014: Introduction to Technical Communication
    • April 10th: Analyzing Ethics
      • Ethical Dilemmas for Homework
      • Ethical Dilemmas to Ponder
      • Mapping Our Personal Ethics
    • April 12th: Writing Ethically
    • April 17th: Ethics Continued
    • April 19th: More on Ethics in Writing and Professional Contexts
    • April 24th: Mastering Oral Presentations
    • April 3rd: Research Fun
    • April 5th: More Research Fun
      • Epistemology and Other Fun Research Ideas
      • Research
    • February 13th: Introduction to User Design
    • February 15th: Instructions for Users
      • Making Résumés and Cover Letters More Effective
    • February 1st: Reflection on Workplace Messages
    • February 20th: The Rhetoric of Technology
    • February 22nd: Social Constructions of Technology
    • February 6th: Plain Language
    • January 11th: More Introduction to Class
    • January 18th: Audience & Purpose
    • January 23rd: Résumés and Cover Letters
      • Duty Format for Résumés
      • Peter Profit’s Cover Letter
    • January 25th: More on Résumés and Cover Letters
    • January 30th: Achieving a Readable Style
      • Euphemisms
      • Prose Practice for Next Class
      • Prose Revision Assignment
      • Revising Prose: Efficiency, Accuracy, and Good
      • Sentence Clarity
    • January 9th: Introduction to the Class
    • Major Assignments
    • March 13th: Introduction to Information Design
    • March 15th: More on Information Design
    • March 20th: Reporting Technical Information
    • March 27th: The Great I, Robot Analysis
    • May 1st: Final Portfolio Requirements
  • ENGL 4182/5182: Information Design & Digital Publishing
    • August 21st: Introduction to the Course
      • Rhetorical Principles of Information Design
    • August 28th: Introduction to Information Design
      • Prejudice and Rhetoric
      • Robin Williams’s Principles of Design
    • Classmates Webpages (Fall 2017)
    • December 4th: Presentations
    • Major Assignments for ENGL 4182/5182 (Fall 2017)
    • November 13th: More on Color
      • Designing with Color
      • Important Images
    • November 20th: Extra-Textual Elements
    • November 27th: Presentation/Portfolio Workshop
    • November 6th: In Living Color
    • October 16th: Type Fever
      • Typography
    • October 23rd: More on Type
    • October 2nd: MIDTERM FUN!!!
    • October 30th: Working with Graphics
      • Beerknurd Calendar 2018
    • September 11th: Talking about Design without Using “Thingy”
      • Theory, theory, practice
    • September 18th: The Whole Document
    • September 25th: Page Design
  • ENGL 4183/5183: Editing with Digital Technologies
    • August 23rd: Introduction to the Class
    • August 30th: Rhetoric, Words, and Composing
    • December 6th: Words and Word Classes
    • Major Assignments for ENGL 4183/5183 (Fall 2023)
    • November 15th: Cohesive Rhythm
    • November 1st: Stylistic Variations
    • November 29th: Voice and Other Nebulous Writing Terms
      • Rhetoric of Fear (prose example)
    • November 8th: Rhetorical Effects of Punctuation
    • October 11th: Choosing Adjectivals
    • October 18th: Choosing Nominals
    • October 4th: Form and Function
    • September 13th: Verb is the Word!
    • September 27th: Coordination and Subordination
      • Parallelism
    • September 6th: Sentence Patterns
  • ENGL 4275/WRDS 4011: “Rhetoric of Technology”
    • April 23rd: Presentation Discussion
    • April 2nd: Artificial Intelligence Discussion, machine (super)learning
    • April 4th: Writing and Reflecting Discussion
    • April 9th: Tom Wheeler’s The History of Our Future (Part I)
    • February 13th: Religion of Technology Part 3 of 3
    • February 15th: Is Love a Technology?
    • February 1st: Technology and Postmodernism
    • February 20th: Technology and Gender
    • February 22nd: Technology, Expediency, Racism
    • February 27th: Writing Workshop, etc.
    • February 6th: The Religion of Technology (Part 1 of 3)
    • February 8th: Religion of Technology (Part 2 of 3)
    • January 11th: Introduction to the Course
    • January 16th: Isaac Asimov’s “Cult of Ignorance”
    • January 18th: Technology and Meaning, a Humanist perspective
    • January 23rd: Technology and Democracy
    • January 25th: The Politics of Technology
    • January 30th: Discussion on Writing as Thinking
    • Major Assignments for Rhetoric of Technology
    • March 12th: Neuromancer (1984) Day 1 of 3
    • March 14th: Neuromancer (1984) Day 2 of 3
    • March 19th: Neuromancer (1984) Day 3 of 3
    • March 21st: Writing and Reflecting: Research and Synthesizing
    • March 26th: Artificial Intelligence and Risk
    • March 28th: Artificial Intelligence Book Reviews
  • ENGL 6166: Rhetorical Theory
    • April 11th: Knoblauch. Ch. 4 and Ch. 5
    • April 18th: Feminisms, Rhetorics, Herstories
    • April 25th:  Knoblauch. Ch. 6, 7, and “Afterword”
    • April 4th: Jacques Derrida’s Positions
    • February 15th: St. Augustine’s On Christian Doctrine [Rhetoric]
    • February 1st: Aristotle’s On Rhetoric, Book 2 & 3
      • Aristotle’s On Rhetoric, Book 2
      • Aristotle’s On Rhetoric, Book 3
    • February 22nd: Knoblauch. Ch. 1 and 2
    • February 29th: Descartes, Rene, Discourse on Method
    • February 8th: Isocrates
    • January 11th: Introduction to Class
    • January 18th: Plato’s Phaedrus
    • January 25th: Aristotle’s On Rhetoric, Book 1
    • March 14th: Mary Wollstonecraft’s A Vindication of the Rights of Women
    • March 21st: Feminist Rhetoric(s)
    • March 28th: Knoblauch’s Ch. 3 and More Constitutive Rhetoric
    • Rhetorical Theory Assignments
  • ENGL/COMM/WRDS: The Rhetoric of Fear
    • April 11th: McCarthyism Part 1
    • April 18th: McCarthyism Part 2
    • April 25th: The Satanic Panic
    • April 4th: Suspense/Horror/Fear in Film
    • February 14th: Fascism and Other Valentine’s Day Atrocities
    • February 21st: Fascism Part 2
    • February 7th: Fallacies Part 3 and American Politics Part 2
    • January 10th: Introduction to the Class
    • January 17th: Scapegoats & Conspiracies
    • January 24th: The Rhetoric of Fear and Fallacies Part 1
    • January 31st: Fallacies Part 2 and American Politics Part 1
    • Major Assignments
    • March 28th: Nineteen Eighty-Four
    • March 7th: Fascism Part 3
    • May 2nd: The Satanic Panic Part II
      • Rhetoric of Fear and Job Losses
  • Intercultural Communication on the Amalfi Coast
    • Pedagogical Theory for Study Abroad
  • LBST 2213-110: Science, Technology, and Society
    • August 22nd: Science and Technology from a Humanistic Perspective
    • August 24th: Science and Technology, a Humanistic Approach
    • August 29th: Collins & Pinch’s The Golem (Science), Ch. 2
    • August 31st: Collins & Pinch’s The Golem (Science), Ch. 3 and 4
    • December 5th: Video Games and Violence, a more nuanced view
    • November 14th: Boulle, Pierre. Planet of the Apes. (1964) Ch. 27-end
    • November 16th: Shelley, Mary. Frankenstein. 1818. Preface-Ch. 8
    • November 21st: Shelley, Mary. Frankenstein. 1818. Ch. 9-Ch. 16
    • November 28th: Shelley, Mary. Frankenstein. Ch. 17-Ch. 24
    • November 30th: Violence in Video Games
    • November 7th: Boulle, Pierre. Planet of the Apes Ch. 1-17
    • November 9th: Boulle, Pierre. Planet of the Apes, Ch. 18-26
    • October 12th: Lies Economics Tells
    • October 17th: Brief Histories of Medicine, Salerno, and Galen
    • October 19th: Politicizing Science and Medicine
    • October 24th: COVID-19 Facial Covering Rhetoric
    • October 26th: Wells, H. G. Time Machine. Ch. 1-5
    • October 31st: Wells, H. G. The Time Machine Ch. 6-The End
    • October 3rd: Collins & Pinch’s The Golem at Large (Technology), Ch. 7 and Conclusion
    • September 12th: Collins & Pinch’s The Golem (Science), Ch. 7 and Conclusion
    • September 19th: Collins & Pinch’s The Golem at Large (Technology), Prefaces and Ch. 1
    • September 26th: Collins & Pinch’s The Golem at Large (Technology), Ch. 2
    • September 28th: Collins & Pinch’s The Golem at Large (Technology), Ch. 5 and 6
    • September 7th: Collins & Pinch’s The Golem (Science), Ch. 5 and 6
  • New Media: Gender, Culture, Technology
    • August 19: Introduction to the Course
    • August 21: More Introduction
    • August 26th: Consider Media-ted Arguments
    • August 28th: Media & American Culture
    • November 13th: Hank Green’s An Absolutely Remarkable Thing, Part 3
    • November 18th: Feminism’s Non-Monolithic Nature
    • November 20th: Compulsory Heterosexuality
    • November 25th: Presentation Discussion
    • November 4: Hank Green’s An Absolutely Remarkable Thing, Part 1
    • November 6: Hank Green’s An Absolutely Remarkable Thing, Part 2
    • October 16th: No Class Meeting
    • October 21: Misunderstanding the Internet, Part 1
    • October 23: Misunderstanding the Internet, Part 2
    • October 28: The Internet, Part 3
    • October 2nd: Hauntology
    • October 30th: Social Construction of Sexuality
    • October 7:  Myth in American Culture
    • September 11: Critical Theory
    • September 16th: Social Construction of Gender and Sexuality
    • September 18th: Postmodernism, Part 1
    • September 23rd: Postmodernism, Part 2
    • September 25th: Postmodernism, Part 3
    • September 30th: Capitalist Realism
    • September 4th: The Medium is the Message!
    • September 9: The Public Sphere
  • Science Fiction and American Culture
    • April 10th: Octavia Butler’s Dawn (Parts III and IV)
    • April 15th: The Dispossessed (Part I)
    • April 17th: The Dispossessed (Part II)
    • April 1st: Interstellar (2014)
    • April 22nd: In/Human Beauty
    • April 24: Witch Hunt Politics (Part I)
    • April 29th: Witch Hunt Politics (Part II)
    • April 3rd: Catch Up and Start Octavia Butler
    • April 8th: Octavia Butler’s Dawn (Parts I and II)
    • February 11: William Gibson, Part II
    • February 18: Use Your Illusion I
    • February 20: Use Your Illusion II
    • February 25th: Firefly and Black Mirror
    • February 4th: Writing Discussion: Ideas & Arguments
    • February 6th: William Gibson, Part I
    • January 14th: Introduction to to “Science Fiction and American Culture”
    • January 16th: More Introduction
    • January 21st: Robots and Zombies
    • January 23rd: Gender Studies and Science Fiction
    • January 28th: American Studies Introduction
    • January 30th: World’s Beyond
    • March 11th: All Systems Red
    • March 13th: Zone One (Part 1)
      • Zone One “Friday”
    • March 18th: Zone One, “Saturday”
    • March 20th: Zone One, “Sunday”
    • March 25th: Synthesizing Sources; Writing Gooder
      • Writing Discussion–Outlines
    • March 27th: Inception (2010)
  • Teaching Portfolio
  • Topics for Analysis
    • A Practical Editing Situation
    • American Culture, an Introduction
    • Cultural Studies and Science Fiction Films
    • Efficiency in Writing Reviews
    • Feminism, An Introduction
    • Fordism/Taylorism
    • Frankenstein Part I
    • Frankenstein Part II
    • Futurism Introduction
    • How to Lie with Statistics
    • How to Make an Argument with Sources
    • Isaac Asimov’s “A Cult of Ignorance”
    • Judith Butler, an Introduction to Gender/Sexuality Studies
    • Langdon Winner Summary: The Politics of Technology
    • Oral Presentations
    • Oratory and Argument Analysis
    • Our Public Sphere
    • Postmodernism Introduction
    • Protesting Confederate Place
    • Punctuation Refresher
    • QT, the Existential Robot
    • Religion of Technology Discussion
    • Rhetoric, an Introduction
      • Analyzing the Culture of Technical Writer Ads
      • Rhetoric of Technology
      • Visual Culture
      • Visual Perception
      • Visual Perception, Culture, and Rhetoric
      • Visual Rhetoric
      • Visuals for Technical Communication
      • World War I Propaganda
    • The Great I, Robot Discussion
      • I, Robot Short Essay Topics
    • The Rhetoric of Video Games: A Cultural Perspective
      • Civilization, an Analysis
    • The Sopranos
    • Why Science Fiction?
    • Zombies and Consumption Satire
  • Video Games & American Culture
    • April 14th: Phallocentrism
    • April 21st: Video Games and Neoliberalism
    • April 7th: Video Games and Conquest
    • Assignments for Video Games & American Culture
    • February 10th: Aesthetics and Culture
    • February 17th: Narrative and Catharsis
    • February 24th: Serious Games
    • February 3rd: More History of Video Games
    • January 13th: Introduction to the course
    • January 20th: Introduction to Video Game Studies
    • January 27th: Games & Culture
      • Marxism for Video Game Analysis
      • Postmodernism for Video Game Analysis
    • March 24th: Realism, Interpretation(s), and Meaning Making
    • March 31st: Feminist Perspectives and Politics
    • March 3rd: Risky Business?

Contact Me

Office: Fretwell 255F
Email: atoscano@uncc.edu
Engaging with American Democracy » September 16th: The Pursuit of Happiness

September 16th: The Pursuit of Happiness

Plan for the Day

  • Heads up on the next three weeks
  • Discussion Post #3–Due Friday, 9/19, 11:07pm
  • Philosophy and the Founding Fathers
  • What is the Good Life?
  • Justice Louis Brandeis on Freedom of Speech (time permitting)
  • Democracy/Liberty/Freedom/ETC. quotation:
    • “…all constitutions, except the best one of all, are destroyed both by not being pushed far enough and by being pushed too far. Thus, democracy loses its vigour, and finally passes into oligarchy, not only when it is not pushed far enough, but also when it is pushed a great deal too far…”
      –Aristotle. On Rhetoric. Chapter 4-[1360b, para. 8].

Philosophers to Consider

Today’s reading mentions several philosophers, and I thought it might help giving a little background on them. This isn’t supposed to be exhaustive but introductory.

  • Plato
  • Aristotle
    • I consider him the great organizer setting down rhetorical theory.
    • “Let rhetoric be [defined as] an ability, in each [particular] case, to see the available means of persuasion” (1.2.1, Kennedy p. 37; Part 2, para. 1 Online)
  • Pythagoras
    • Yes, the triangle guy
      • Influenced Plato, Isocrates, and others
      • Ideas of reincarnation
  • Xenophon
    • Famous military leader and student of Socrates
  • Plutarch
    • Important intermediary between Greek and Roman empires as Rome becomes dominant
    • He’s got a Platonic side and a pseudo-Stoic vibe, but is best know for the histories/biographies he wrote.
  • Cicero
    • In Italian, a cicerone is derived from Cicero and means a tour guide, but it can also be pejorative and mean know-it-all.

Cicero’s Tusculan Disputations

This philosophical treatise is prominent for Rosen’s argument on how the Founding Fathers considered “the pursuit of happiness” to be based on virtue. It’s actually five books, and their descriptions are worth considering:

“The first book teaches us how to [treat with contempt] the terrors of death, and to look upon it as a blessing rather than an evil;

“The second, to support pain and affliction with a manly fortitude;

“The third, to appease all our complaints and uneasinesses under the accidents of life;

“The fourth, to moderate all our other passions;

“And the fifth explains the sufficiency of virtue to make men happy.”

—Cicero’s Tusculan Disputations. Translated by C.D. Yonge, Harper & Brothers, 1877, p. 7.


The book is set up as a series of Socratic point-counterpoints. The goal to life is to be virtuous, and one gets there through moderating oneself and not giving over to passions. Cicero sets readers up to accept in Book V the virtue is key to happiness. Of course, Cicero is a philosophy, and it’s important to know that term means “love of wisdom” (philo meaning “love”; sophy meaning “wsdom”). The ability to head out of town to a villa to engross oneself in philosophical study is reserved for the elite, and Marcus Tullius Cicero was an elite Roman.

Cicero is generally lumped in with the school of Stoicism, which has been getting more popular attention recently. Broadly, stoics believe in order, specifically, a rational order to the universe that creates equllibrium, balance, and harmony. Consider the contemporary raise of interest in the following:

  • Self-help literature
  • Self-discipline routines
  • Road Rage
  • Sulprizio, Chiara. “Why is Stoicism Having a Cultural Moment?” Medium.com. 17 August 2015.
    • para. 5: “Ancient Stoics were all about living in the moment, a goal achieved by cultivating self-control and self-awareness through meditative practices.”
    • “They ‘thought about thinking’ by considering their emotions from a rational perspective, reflecting on the ethics of their decisions, and constantly reminding themselves that while they had no power over what happened in life, they did have power over their responses to it.”

Questions to Ponder

  • Why would the Founding Fathers have an affinity for this philosophical school?
  • What is the role of education in this early American “bro culture”?
  • Why does moderation seem to be valued, and where else does this arise in American culture?

Jeffrey Rosen’s Ch. 1: “Order: Twelve Virtues and the Pursuit of Happiness”

Rosen’s entire book examines the philosophical influences on the key founding fathers, especially Thomas Jefferson, Benjamin Franklin, and John Adams. Although I didn’t assign the entire book, this introductory chapter offers great insight into the intellectual influences of the founders, including their obsession with living the good life (check out Tony Bennett’s lyrics).

  • p. 2: “[Benjamin] Franklin’s conclusion was that ‘without Virtue Man can have no Happiness in this World.'”
    • Cicero’s Tusculan Disputations:
      O philosophy, guide of life! O searcher out of virtue and exterminator of vice! One day spent well and in accordance with thy precepts is worth an immortality of sin.”
      —Book 5, II, p. 164
  • p. 3: Jefferson’s advice to Amos J. Cook
    • “[I]f the Wise, be the happy man, as these sages say, he must be virtuous too; for without virtue, happiness cannot be.”
    • A different translation of the long quote on Rosen’s p. 3
      “Whoever, then, through moderation and constancy, is at rest in his mind, and in calm possession of himself, so as neither to pine with care, nor be dejected with fear, nor to be inflamed with desire, coveting something greedily, nor relaxed by extravagant mirth—such a man is that identical wise man whom we are inquiring for: he is the happy man, to whom nothing in this life seems intolerable enough to depress him; nothing exquisite enough to transport him unduly.”
      —Book 4, XVII, p. 142
  • pp. 3-4: “Jefferson said that the Declaration “was intended to be an expression of the American mind, resting on the harmonising sentiments of the day…”
  • p. 5: Rosen explains that the answers he wanted were “to the question of whether spiritual and moral truth could be obtained by reason rather than revelation by good works and reflection rather than blind faith….precisely the question the ancient philosophers had set out to answer.”
    • These philosophers mainly believed in absolute truth and strict order to the U/universe.
    • Aristotle’s syllogisms were deductive logic leading to truth (as long as you have valid premises).
      *Major Premise (assumed by audience)
      *Minor Premise (assumed by audience–either the Major Premise or Minor Premise is assumed)
      Therefore, a likely conclusion or a probable conclusion.
    • Example:
      All men are mortal;
      Socrates is a man;
      Therefore, Socrates is mortal.
  • p. 6: The pursuit of happiness to the ancients wasn’t “pursuit of pleasure” but “the pursuit of virtue–as being good, rather than feeling good.”
    • “…the dassical definition of the pursuit of happiness meant being a lifelong learner, with a commitment to practicing the daily habits that lead to character improvement, self-mastery, flourishing, and growth…happiness is always…to be pursued rather than obtained–a quest rather than a destination.”
    • Life’s a journey / Not a destination
      —Aerosmith. “Amazing.” Get a Grip. UMG Recordings, 1994.
  • pp. 6-7: Stoics tell us to “focus on controlling the only things that we have power to control: namely, our own thoughts, desires, emotions, and actions.”
  • p. 7: Live in harmony.
    • “Aristotle famously defined happiness as virtue itself, an ‘activity of soul in conformity with excellence.'”
  • p. 8: “What Cicero and Frnaklin called ‘virtue,’ therefore, might be translated as “good character.”
    • perhaps, ethos
  • p. 9: “…the goal of education was to strengthen the intellect, or reason, so that it could moderate and control the will and the emotions in order to achieve the self-control that was key to happiness.”
  • p. 10: “Franklin conduded that we need to use our powers of reason to check our immediate emotions and desires so that we can achieve the harmony of the soul that allows us to flourish, emphasizing that ‘all true happiness, as all that is truly, beautiful, can only result from order.'”
    • “impulse control”
    • “delaying short-term gratification for long-term character improvement, Franklin was summarizing the essence of the ancient wisdom.”
    • The Stanford Marshmallow Experiment
  • p. 11: John Locke on Cicero:
    • “we should control our desires through calm deliberation so that we come to realize that our true and substantial happiness will best be served by long-term self-regulation rather than short-term gratification.”
  • p. 11: Rosen believes American culture moved from privileging “being good to feeling good” in the 1960s
    • The myth of the universal assumption of 1960s “hippie” conformity
  • p. 12: “The Founders talked incessantly about their struggles for self-improvement and their efforts to regulate their anxieties, emotions, and perturbations of the mind. They tried to calm their anxieties through the daily practice of the habits of mindfulness and time management. Aristotle said that good character comes from the cultivation of habits…”
  • Of course, Rosen identifies a pretty stark contradiction in the support of slavery
    • “Jefferson and other enslavers from Virginia recognized that it was craven greed…that kept them from freeing those they held in bondage, even as they called for the ‘total emancipation’ of all enslaved people in the future.”
    • “…they were too dependent on the lifestyle slavery afforded them to consider the consequences of giving it up.”
    • Thomas Jefferson had lots of debt and needed to sell property to pay off his creditors. He even sold his library, which became the basis for the Library of Congress.
  • p. 13: “…the Founders believed that personal self-government was necessary for political self-government. In their view, the key to a healthy republic begins with how we address our own flaws and commit to becoming better citizens over time.”
    • “…the Constitution was designed to foster deliberation so that citizens could avoid retreating into the angry mobs and partisan factions that can be inflamed by demagogues.”
  • p. 14: “Madison would have urged us to think more and tweet less.”
    • “…not as boundless liberty to do whatever feels good in the moment but as bounded liberty to make wise choices that will help us best develop our capacities and talents over the course of our lives.”
    • “…the pursuit of happiness includes responsibilities as well as rights–the responsibility to limit ourselves, restrain ourselves, and master ourselves, so that we achieve the wisdom and harmony that are necessary for true freedom.”
  • pp. 14-15: “This was the classical understanding of the pursuit of happiness: the freedom to make daily choices about how to balance emotion and reason that lead to truth, order, harmony, ad wisdom, aligned with the divine will or the natural harmonies of the universe.”
  • p. 15: “that moderating emotions is the secret of tranquility of mind; that tranquility of mind is the secret of happiness; that daily habits are the secret of self-improvement; and that personal self-government is the secret of political self-government.”

Justice Louis Brandeis on Freedom of Speech

The last chapter of Rosen’s book begins with a famous quote from Justice Louis Brandeis’s opinion in Whitney v. California (1927) on freedom of speech, which was inspired by Brandeis’s reading of Thomas Jefferson (p. 263-264). I’ll quote the selection at length, and, time permitting, we’ll analyze this as a way to lead us into next class’s discussion on the Bill of Rights:

Those who won our independence believed that the final end of the State was to make men free to develop their faculties, and that, in its government, the deliberative forces should prevail over the arbitrary. They valued liberty both as an end, and as a means. They believed liberty to be the secret of happiness, and courage to be the secret of liberty. They believed that freedom to think as you will and to speak as you think are means indispensable to the discovery and spread of political truth; that, without free speech and assembly, discussion would be futile; that, with them, discussion affords ordinarily adequate protection against the dissemination of noxious doctrine; that the greatest menace to freedom is an inert people; that public discussion is a political duty, and that this should be a fundamental principle of the American government. [Footnote 2–links to Jefferson’s arguments on free speech] They recognized the risks to which all human institutions are subject. But they knew that order cannot be secured merely through fear of punishment for its infraction; that it is hazardous to discourage thought, hope and imagination; that fear breeds repression; that repression breeds hate; that hate menaces stable government; that the path of safety lies in the opportunity to discuss freely supposed grievances and proposed remedies, and that the fitting remedy for evil counsels is good ones. Believing in the power of reason as applied through public discussion, they eschewed silence coerced by law — the argument of force in its worst form. Recognizing the occasional tyrannies of governing majorities, they amended the Constitution so that free speech and assembly should be guaranteed.

Fear of serious injury cannot alone justify suppression of free speech and assembly. Men feared witches and burnt women. It is the function of speech to free men from the bondage of irrational fears. To justify suppression of free speech, there must be reasonable ground to fear that serious evil will result if free speech is practiced.
—Whitney v. California, 274 U.S. 357 (1927)

Whoa! Glad this doesn’t need to be reaffirmed today…How do we go from a discussion on ancient philosophers’ influences on the founders to a Supreme Court decision on freedom of speech?

Next Class

We’ll finish up any of Jeffrey Rosen’s chapter we didn’t get through today, and then it’s on to the Bill of Rights! Don’t forget Discussion Post #3 is due Friday, 9/19, 11:07pm.

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