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University of Miami Law School

Criminal Procedure

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And the Law; Terrorism; Crimes Against the State; Information Privacy; Employment Practice and the Law; Labor Law

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Full-Text Articles in Law

Freedom From Speech, Mary Anne Franks Jul 2022

Freedom From Speech, Mary Anne Franks

Articles

The importance of freedom of speech in a democratic society is usually taken as a given, but freedom from speech is no less important in safeguarding the values of truth, autonomy, and democracy. Freedom from speech includes both the right of the individual to not be forced to speak and the freedom to avoid the speech of others. This essay attempts to highlight the significance of freedom from speech in order to clarify the importance of the First Amendment right against compelled speech; provide an explanation for when the right of free speech yields to other rights; and offer a …