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The Dynamic Free Speech ClauseFree Speech and its Relation to Other Constitutional Rights$
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Timothy Zick

Print publication date: 2018

Print ISBN-13: 9780190841416

Published to Oxford Scholarship Online: August 2018

DOI: 10.1093/oso/9780190841416.001.0001

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Assembly, Press, and Petition

Assembly, Press, and Petition

(p.71) 3 Assembly, Press, and Petition
The Dynamic Free Speech Clause

Timothy Zick

Oxford University Press

Chapter 3 examines the Free Speech Clause’s interactions with its First Amendment cousins—the Assembly Clause, Press Clause, and Petition Clause. It explains how and why the Supreme Court collapsed these distinctive rights into a general “Free Expression Clause” that is governed primarily by free speech doctrines and principles. The chapter examines in detail the events and influences that led each clause to be subordinated to or supplanted by the Free Speech Clause. It explains the negative consequences of free speech expansionism, for the non-speech rights and the freedom of speech. The chapter considers existing proposals for recovering or reviving the Assembly, Press, and Petition Clauses, but argues that we must rethink and expand the project. We need to work toward a First Amendment pluralism that not only disaggregates the elements of the fictional “Free Expression Clause,” but also reconnects once and still “cognate” rights of speech, assembly, press, and petition.

Keywords:   assembly, press, petition, speech, expression

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