All laws curtail freedom in some way. The important question to ask is whether or not there is a justification for such restrictions. Professor Hadley Arkes explains that everyone intuitively accepts that there are certain circumstances that warrant restrictions on liberty. The burden lies with the government to explain why or when such restrictions are necessary.

Hadley Arkes is the Founder and Director of the James Wilson Institute on Natural Rights and the American Founding. He is Professor Emeritus of Jurisprudence at Amherst College. Professor Arkes is the author of several books and hundreds of articles.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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