First Amendment “Exceptions” and What the First Amendment Means (#2)

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4 Responses

  1. Brett Bellmore says:

    “Your first counter-example is a big one: the traditional public forum doctrine. That doctrine forbids government from silencing speech…’

    “forbids government from silencing speech…”

    This is an example, not a counter-example.

  2. Hi Brett, most scholars think it’s a counter-example, and represents affirmative not negative liberty (see n. 56 of my article). But perhaps this reflects the problems with the terms negative and positive liberty … The usual idea is that pure negative liberty was better reflected in the Davis case permitting government to manage its own property as it wished regarding speech.

  3. Brett Bellmore says:

    A positive liberty wouldn’t, as I understand it, require the government to allow free speech in a government owned park. It would require the government to create a park for free speech to take place in.

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