90 Pages Posted: 10 Aug 2011
Date Written: August 10, 2011
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: 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