Download this Paper Open PDF in Browser

The Subordinate Status of Negative Speech Rights

90 Pages Posted: 10 Aug 2011  

Nat Stern

Florida State University - College of Law

Date Written: August 10, 2011

Abstract

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.

Suggested Citation

Stern, Nat, The Subordinate Status of Negative Speech Rights (August 10, 2011). Buffalo Law Review, Vol. 59, No. 4, August 2011; FSU College of Law, Public Law Research Paper No. 515. Available at SSRN: https://ssrn.com/abstract=1907898

Nat S. Stern (Contact Author)

Florida State University - College of Law ( email )

425 W. Jefferson Street
Tallahassee, FL 32306
United States
850-644-1801 (Phone)

Paper statistics

Downloads
47
Abstract Views
456