Document Type

Article

Publication Title

William & Mary Bill of Rights Journal

Abstract

Current Supreme Court free speech doctrine is relentlessly speaker-centered. Even the government, usually the villain in any First Amendment story, is granted highly favorable legal status the moment it dons the speaker’s mantle. Why? It cannot be because the speaker is the only game in First Amendment town. As I have noted, a census of Mr. Madison’s First Amendment neighborhood reveals at least five prominent categories of residents: (1) speakers; (2) hearers; (3) conduits; (4) the subjects/targets; and (5) regulators, both private and public; as well as two less prominent players: the general audience and disinterested bystanders. Measured by the relative amount of Supreme Court ink they command, however, speakers have all but monopolized the Justices’ sympathy and attention.

First Page

897

Volume

25

Publication Date

2017

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