The Importance of Transparency in Democracy

I think it raises lots of questions about the role that courts are supposed to play in safeguarding and patrolling free speech values. And also how dangerous it is to give courts broad discretion to find that the government has valued the first amendment by a jaw burning. But in general the idea that all of this has been going on we don't know very much about it and courts sort of generally have been dismissing it. It's got its benefits and as you say definite downsides.