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The Affirmative Side of the First Amendment

By Thomas I. Emerson


Traditionally, the first amendment, like other provisions of theBill of Rights, has operated primarily as a negative force in maintainingthe system of freedom of expression. It has served to preventthe government from prohibiting, harassing, or interferingwith speech or other forms of communication. On the other hand,the first amendment has not been viewed as a significant factor inefforts to promote freedom of expression or to impose limits ongovernmental participation in the system

Topics: Law
Publisher: Yale Law School Legal Scholarship Repository
Year: 1981
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