That's the title of a talk I gave today at Arizona State Law School & yesterday at the University of Arizona Law School.
The talk, which I gave to faculty-workshop audiences who had read They Saw a Protest, first offers an analytically precise account of how cultural cognition can defeat Bayesian updating. It then identifies how this form of cognitive decisionmaking bias generates "cognitive illiberalism," a legal and political decisionmaking bias that poses the same threat to constitutional freedoms as consciously illiberal forms of state action.
Probably will write this up as short paper. For now--slides here.
Now have written a paper that develops this position.