• Corpus ID: 152957051

The First Amendment, The Right Not To Speak And The Problem Of Government Access Statutes

  title={The First Amendment, The Right Not To Speak And The Problem Of Government Access Statutes},
  author={Anna M. Taruschio},
  journal={Fordham Urban Law Journal},
The dual principles of promoting the marketplace of ideas and protecting individual autonomy lie at the core of the First Amendment. When the government assumes an affirmative role by opening opportunities for public speech, it places individuals’ negative liberties, such as the right not to speak, at risk. This conflict cannot be avoided by analyzing compelled speech outside of the First Amendment; the autonomy promised by the Bill of Rights and repeatedly affirmed by Supreme Court… 
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[B]y affording mandatory access to speakers with which the newspaper disagreed, the law induced the newspaper to respond to the candidates' replies when it might have preferred to remain silent
  • citations omitted)). 272. Pacific Gas & Elec. Co. v. Public Utils. Comm'n, 475 U.S. 1, 11 n
  • 1986
302. Emerson, Affirmative Side, supra note 180
  • Barnette, 319 U.S. 624
  • 1943