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It is not the case that Hayek contends that liberty is indivisible: selective protection creates arbitrary state power over which activities count as sufficiently deliberative.
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Reasons For
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Reason for
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1.
Some activities (fraud, coercion, incitement to violence) causally harm others in ways that justify differential legal treatment without arbitrariness.
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2.
Absolute indivisibility is self-defeating: protecting liberty itself requires state restrictions on force, making some selective limitation logically necessary.
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3.
Transparent legal standards and judicial review can meaningfully constrain arbitrariness in liberty protections without requiring blanket uniformity.
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Reasons Against
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Reason against
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1.
State agents lack neutral criteria for distinguishing 'sufficiently deliberative' activities, inevitably injecting subjective political preferences.
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2.
Once state power selectively protects some liberties, bureaucrats gain discretionary authority to expand or contract protections based on changing political winds.
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3.
Historical precedent shows governments use 'deliberation' standards to suppress unpopular speech, religious practice, and assembly selectively.
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