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" "Rights are traditionally directed against governmental abuses. They are designed to limit the power of the state, especially the police. They are negative rights: ‘the state may not. . .’ This conception of rights grows out of the lessons of history that teaches that in the long run, abuses by the state are far more dangerous to liberty and democracy than individual criminal conduct, dangerous and disturbing as that is.
Alan Dershowitz (born September 1, 1938) is an American lawyer and former law professor known for his work in U.S. constitutional law and American criminal law. From 1964 to 2013, he taught at Harvard Law School, where he was appointed as the Felix Frankfurter Professor of Law in 1993. Dershowitz is a regular media contributor, political commentator, and legal analyst, and has worked on a number of high-profile legal cases.
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And any civil libertarian who was exposed to what’s going on here today — if Hillary Clinton were the subject — would be taking exactly the opposite position. There is so much hypocrisy, partisan hypocrisy out there. I don’t mind if conservatives take the view we ought to trust government or former prosecutors take the view we ought to trust government. My gripe is against civil libertarians and criminal defense lawyers, people who are always on the side of challenging the government. The ACLU has suddenly lost its way and they've forgotten what they’ve been preaching for 50 years because it is Donald Trump they’re after.
I began with the premise that, deep down, everybody wants to censor something. Human beings, no matter how committed to the principles of free speech, have deep-seated distrust of the open marketplace of ideas, especially when they themselves—or the groups to which they belong—are ‘victims’ of the excesses of free speech.