Are Speech Rights for Speakers?

46 Pages Posted: 25 Apr 2017

See all articles by Leslie Kendrick

Leslie Kendrick

University of Virginia School of Law

Date Written: April 2017

Abstract

Though it may sound surprising, there is a great deal of debate about whether speakers have free speech rights. Those who deny it say that the freedom of speech protects listeners, not speakers. Lately, these skeptics can point for support to First Amendment case law, which is expanding in ways that draw speakers’ rights into question. When search engines, internet service providers, food producers, and so on are claiming immunity to regulation because they are speakers, the time has come to reevaluate speakers’ rights.

This piece does just that. It confronts hard questions about whether speakers have rights, including arguments that it is illogical for speakers to have rights. It shows that this is not the case. In fact, under the most plausible views of freedom of speech, speakers must have free speech rights.

Nevertheless, recognizing speakers’ rights is often inconvenient and difficult. Above all else, recognizing speakers’ rights has tended to distract from listeners’ rights, to less than salutary effect. These problems are real. But rights by definition complicate matters. The fact that they do so is not a reason to reject them.

Keywords: freedom of speech, First Amendment, speakers, listeners

Suggested Citation

Kendrick, Leslie, Are Speech Rights for Speakers? (April 2017). Virginia Law Review, Forthcoming; Virginia Public Law and Legal Theory Research Paper No. 2017-19. Available at SSRN: https://ssrn.com/abstract=2958346

Leslie Kendrick (Contact Author)

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States

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