The Government's Speech and the Constitution

Identifies and explains the constitutional problems triggered by the government's speech, and proposes a new framework for thinking about them.

Helen Norton (Author)

9781108405621, Cambridge University Press

Paperback / softback, published 2 April 2020

251 pages
22.8 x 15.1 x 1.3 cm, 0.35 kg

'This is an enormous contribution to our understanding of an often mysterious topic, and the discussion she has sparked will undoubtedly continue.' Sonja West, Balkinization

When we discuss constitutional law, we usually focus on the constitutional rules that apply to what the government does. Far less clear are the constitutional rules that apply to what the government says. When does the speech of this unusually powerful speaker violate our constitutional rights and liberties? More specifically, when does the government's expression threaten liberty or equality? And under what circumstances does the Constitution prohibit our government from lying to us? In The Government's Speech and the Constitution, Professor Helen Norton investigates the variety and abundance of the government's speech, from early proclamations and simple pamphlets, to the electronic media of radio and television, and ultimately to today's digital age. This enables us to understand how the government's speech has changed the world for better and for worse, and why the government's speech deserves our attention, and at times our concern.

1. Determining whether and when the government is speaking (and why that matters)
2. The government's speech and religion
3. The government's speech and equality
4. The government's speech and due process
5. The government's speech, free speech, and a free press
6. The government's speech and political contests
7. Responding to the government's destructive speech
Conclusion
Index.

Subject Areas: Constitutional & administrative law [LND], Legal history [LAZ], Law & society [LAQ], Law [L], Freedom of information & freedom of speech [JPVH2], Politics & government [JP]