This chapter addresses symmetry’s implications for expressive freedom and religious liberty. Symmetry supports maintaining First Amendment law’s current focus on neutrality, notwithstanding emerging critiques that this approach lacks a strong historical foundation and unduly limits governmental regulation of offensive or dangerous ideas. At the same time, symmetric interpretation counsels against expanding the emerging “First Amendment Lochnerism” that threatens to extend constitutional protections for free expression into areas of economic and workplace regulation. A preference for symmetry also supports protecting religious groups, when possible, through more general protections for freedom of expressive association rather than through religion-specific constitutional doctrines. Although religious liberty may once have been a symmetric principle, today religion-specific protections risk placing constitutional law on one side of a fraught political divide over religion’s place in public life.

This chapter touches upon the very large topic of how individual rights interact with the police power. In what sense and to what degree do rights contravene state and local exercises of the police power? It is a shibboleth that regulatory power is constrained by rights. But this chapter interrogates these issues in more depth and detail, by discussing how rights claims are framed in connection with the police power and how the government’s assertions of power are circumscribed by particular doctrines and arguments in courts. Further, the chapter considers how the debate over the nature and content of so-called positive rights implicates the police power questions, questions concerning authority and content.

The harm principle sets a limit on the justified legal and social control of individuals. The principle also provides a widely accepted justification for such control. This chapter critically reviews John Stuart Mill’s understanding of the harm principle and the considerations he advanced in its support. It also draws on other discussions of the principle to assess its plausibility in general. Mill took the harm principle to be the sole ground for justified interference with the liberty of individuals, but less restrictive defenses of the principle are available. The content of the harm principle, on any of its formulations, is shaped by the characterization of harm that figures in it. A good characterization of harm should be both descriptively accurate and morally appealing, but these two desiderata can pull in opposing directions. This chapter argues that the characterization of harm that figures in the harm principle must advert to the grounds that justify the principle, but these grounds are multiple and can come into conflict. Mill presents both an autonomy argument and a social learning argument in support of the harm principle, but the ground of autonomy can speak in favor of interference in cases where the social learning argument speaks against it. The chapter concludes with a brief discussion of harm, speech and offense.

This chapter provides a narrative account of my time as Chancellor of UC Berkeley, beginning with issues around the governance of public universities and the place of student protest. It covers issues of personal security, debates over tuition and funding, the crisis caused by major budget shortfalls, the struggle between Governor Jerry Brown and President (of the UC System) Janet Napolitano (former Secretary of Homeland Security and Governor of Arizona), football teams and academic performance, sexual assault among students, data science and the curriculum, the global strategy of the university, the plan for a Berkeley Global Campus, the legacy of the Free Speech Movement of 1964, controversy about the role of civility on college campus, budget cuts, institutional restructuring and change, resistance to change among faculty, sexual harassment, and ultimately the tension between administrative leadership and faculty life. It also covers controversies over the visits to campus of Milo Yiannopoulos, Ann Coulter, and Ben Shapiro and a fullscale riot on campus. It concludes with accounts of progress in data science, biomedical research, and recovery from budget woes.

The book concludes by examining reformers’ visions for political integration between metropole and colony, which required both the Indianization of the exclusive Indian Civil Service and parliamentary representation for taxed Indian subjects. These proposals, however, generated conflict within the East India Association and exposed fractures between the radical agitators and the retired officials who had begun to swamp the organization. Gesturing to the afterlife of India reformism, the epilogue further identifies the factors that led to the decay of East India Association’s intra-imperial network and offers a reexamination of the 1908 sedition trial of Indian nationalist B. G. Tilak in which the accused copiously referenced reformist polemic to legitimize his agitation.

The book concludes by examining reformers’ visions for political integration between metropole and colony, which required both the Indianization of the exclusive Indian Civil Service and parliamentary representation for taxed Indian subjects. These proposals, however, generated conflict within the East India Association and exposed fractures between the radical agitators and the retired officials who had begun to swamp the organization. Gesturing to the afterlife of India reformism, the epilogue further identifies the factors that led to the decay of East India Association’s intra-imperial network and offers a reexamination of the 1908 sedition trial of Indian nationalist B. G. Tilak in which the accused copiously referenced reformist polemic to legitimize his agitation.

Written during his Catholic years, Ben Jonson’s Sejanus His Fall (1603) portrays the tyrannical regime of the Roman Emperor Tiberius and his favourite Sejanus, who aggressively lay claim to the inward secrets of their political opponents. Despite the play’s ostentatious historical accuracy, its concerns and vocabulary are thus frequently reminiscent of Elizabethan Catholic complaints about religious persecution under Elizabeth I. However, rather than simply condemning dissimulation as a response to persecution, Sejanus His Fall offers a rationale for prudent accommodation of a tyrannical regime that is grounded in a neo-Stoicist disjunction between inward and outward self and in a differentiated understanding of parrhesia, the rhetoric of free speech. Even though Jonson’s attitude towards dissimulation thus merits reconsideration, Sejanus simultaneously expresses deep distrust in theatricality, which is grounded not only in neo-Stoicist ethics but also in the Platonic association of the theatre with tyranny and the inherent theatricality of Machiavellian power politics.

This chapter considers some of the new technologies that make undercover investigations easier, and considers the benefits and dangers of these advances.

This chapter provides a brief overview of the sociolegal history of undercover investigations.