ABSTRACT
Attacking overprotection is just as important to the cause of true tolerance as attacking underprotection. Three categories of expressive activity have been identified. These include: discursive reasoning and the provision of republican information; and forms of expressive activity that are neither discursive reasoning nor the provision of republican information but toward which the mores of the society support a generous attitude. These also include: forms of expressive activity that fall into neither of the preceding categories. These categories cut at right angles to the sorts of categories usually employed in discussions of expressive tolerance—"art," for instance. To limit any liberty, including liberty of expressive activity, the government must base its action on a law, enacted through proper legislative procedures, and brought to bear on cases through proper judicial procedures. The federal and the state governments may deprive persons of life, of property, or of "liberty," but only provided that they observe "due process of law."
