The Subordinate Status of Negative Speech Rights
Florida State University - College of Law
August 10, 2011
Buffalo Law Review, Vol. 59, No. 4, August 2011
FSU College of Law, Public Law Research Paper No. 515
The Supreme Court has long acknowledged negative First Amendment rights of freedom from compulsion to engage in speech or association that impairs expressive activities. The idea of a unitary right to refrain from speaking, however, ignores the existence of discrete forms of compelled speech posing distinctive considerations. This Article contends that the notion of a single animating principle of negative speech rights has fostered and obscured their vulnerability. Just as affirmative speech rights are not treated as an undifferentiated whole, proper protection of negative speech rights rests largely in recognizing the distinctive nature of each.
Number of Pages in PDF File: 90
Date posted: August 10, 2011