Yet Another Post on Banning

The insightful legal writer, David Allen Green, has just penned an article asking whether we should ban “banning” things. His argument will be familiar to you if you’ve read some of the items here. Green provides a much clearer exposition on the ramifications of banning than I have, though.

Green points out that banning something does not eliminate it. This can be drugs, pornography, and so on. As he puts it, “to say there should be a law against a thing is often no more than saying there should be a spell against.” He clarifies further and says that should something be successfully banned, “it just means the legal system will be engaged in a way it otherwise would not be.” This truism highlights that just because the law is acting differently does not, by definition, mean we have ridden ourselves of banned items.

Continue reading