Abstract
This Article argues for a new First Amendment right: the right against compelled listening. Free speech jurisprudence - which already recognizes the right to speak, the right to listen, and the right against compelled speech - is incomplete without the right against compelled listening. The same values that underlie the other free speech rights also lead to this right. Furthermore, this claim holds true regardless of whether one conceives of the primary purpose of the Free Speech Clause as creating a marketplace of ideas, enhancing participatory democracy, or promoting individual autonomy. The Article starts by examining the protection afforded to unwilling listeners by the captive audience doctrine, which balances private speakers' right to communicate against listeners' rights to privacy, equality, and voting. It then argues that protection for captive listeners can be grounded in free speech values, and explores two possible approaches to delimiting the free speech right against compelled listening. The Article concludes by applying the new right to state-mandated abortion counseling and state-mandated diversity training.
| Original language | English (US) |
|---|---|
| Pages (from-to) | 939-1016 |
| Number of pages | 78 |
| Journal | Boston University Law Review |
| Volume | 89 |
| Issue number | 3 |
| State | Published - Jun 1 2009 |
Fingerprint
ASJC Scopus subject areas
- Law
Cite this
The first amendment right against compelled listening. / Corbin, Caroline.
In: Boston University Law Review, Vol. 89, No. 3, 01.06.2009, p. 939-1016.Research output: Contribution to journal › Article
}
TY - JOUR
T1 - The first amendment right against compelled listening
AU - Corbin, Caroline
PY - 2009/6/1
Y1 - 2009/6/1
N2 - This Article argues for a new First Amendment right: the right against compelled listening. Free speech jurisprudence - which already recognizes the right to speak, the right to listen, and the right against compelled speech - is incomplete without the right against compelled listening. The same values that underlie the other free speech rights also lead to this right. Furthermore, this claim holds true regardless of whether one conceives of the primary purpose of the Free Speech Clause as creating a marketplace of ideas, enhancing participatory democracy, or promoting individual autonomy. The Article starts by examining the protection afforded to unwilling listeners by the captive audience doctrine, which balances private speakers' right to communicate against listeners' rights to privacy, equality, and voting. It then argues that protection for captive listeners can be grounded in free speech values, and explores two possible approaches to delimiting the free speech right against compelled listening. The Article concludes by applying the new right to state-mandated abortion counseling and state-mandated diversity training.
AB - This Article argues for a new First Amendment right: the right against compelled listening. Free speech jurisprudence - which already recognizes the right to speak, the right to listen, and the right against compelled speech - is incomplete without the right against compelled listening. The same values that underlie the other free speech rights also lead to this right. Furthermore, this claim holds true regardless of whether one conceives of the primary purpose of the Free Speech Clause as creating a marketplace of ideas, enhancing participatory democracy, or promoting individual autonomy. The Article starts by examining the protection afforded to unwilling listeners by the captive audience doctrine, which balances private speakers' right to communicate against listeners' rights to privacy, equality, and voting. It then argues that protection for captive listeners can be grounded in free speech values, and explores two possible approaches to delimiting the free speech right against compelled listening. The Article concludes by applying the new right to state-mandated abortion counseling and state-mandated diversity training.
UR - http://www.scopus.com/inward/record.url?scp=68249097575&partnerID=8YFLogxK
UR - http://www.scopus.com/inward/citedby.url?scp=68249097575&partnerID=8YFLogxK
M3 - Article
AN - SCOPUS:68249097575
VL - 89
SP - 939
EP - 1016
JO - Boston University Law Review
JF - Boston University Law Review
SN - 0006-8047
IS - 3
ER -