Negative theory recognizes the press’s vulnerability to government retaliation.
Helen Norton
-
-
Essays and Scholarship
Distrust, Negative First Amendment Theory, and the Regulation of Lies
Why the reflexive deployment of negative theory, which increasingly dominates the contemporary Supreme Court’s approach to Free Speech Clause problems, has its costs
By Helen Norton -
Deep Dive : Lies and the Law
What the Constitution Can—and Can’t—Do About the Government’s Lies
Litigation is one remedy; laws that constrain the speech of governmental bodies are another; counterspeech and politics are still more
By Helen Norton