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This chapter examines the ideal of ordered liberty in American constitutional tradition. It begins with an overview of the ideas of Thomas Friedman and Albert Einstein about the universe and relates them to the realm of the modern American university, along with the university's moral and legal jurisdiction to judge expression and opinion. It then explores the “marketplace of ideas” metaphor to describe public universities and goes on to discuss the constitutional struggle to balance liberty and order, First Amendment's “neutrality principle” in relation to freedom of speech, the so-called “carve-outs” of the general marketplace, and the dual character of the university as a microcosm of society when it comes to free speech principles. It also assesses the carve-outs to the “avert your eyes” principle involving the protection of children and of certain sanctuaries of privacy from offensive speech, the body of doctrines known as “public forum law,” hate speech and threats on campus, and free speech rights of faculty and students.

This chapter examines Bruce Ackerman's approach to compensating the disabled and Philippe Van Parijs's adaptation of Ackerman's approach. It first considers Ackerman's two-part principle of Neutrality and his illustration of the operation of this principle by imagining a group of space explorers who land on an unoccupied planet containing a single resource. Ackerman argues that a utilitarian justification for giving some people more than an equal share would fail the test of Neutrality. The chapter also looks at Ackerman's discussion of disability, particularly genetic disability, and his notion of a “Master Geneticist.” It suggests that Ackerman's theory resists the golden mean of utilitarianism and considers his discussion of disability compensation in connection with genetic blindness. Finally, it discusses Van Parijs's endorsement of Ackerman's principle of undominated diversity as the proper measure of redistribution from the nondisabled to the disabled.

This chapter examines the ideal of ordered liberty in American constitutional tradition. It begins with an overview of the ideas of Thomas Friedman and Albert Einstein about the universe and relates them to the realm of the modern American university, along with the university's moral and legal jurisdiction to judge expression and opinion. It then explores the “marketplace of ideas” metaphor to describe public universities and goes on to discuss the constitutional struggle to balance liberty and order, First Amendment's “neutrality principle” in relation to freedom of speech, the so-called “carve-outs” of the general marketplace, and the dual character of the university as a microcosm of society when it comes to free speech principles. It also assesses the carve-outs to the “avert your eyes” principle involving the protection of children and of certain sanctuaries of privacy from offensive speech, the body of doctrines known as “public forum law,” hate speech and threats on campus, and free speech rights of faculty and students.