BETWEEN COMPELLED SPEECH AND SUBSIDIZED SPEECH: INSTITUTIONAL PERSPECTIVES

What are the legal and ethical limits on the state‘s discretion in using financial means to either incentivize or penalize ideologically contentious speech? Throughout the liberal world, state support of private activities—artistic creation, academic inquiry, welfare provision, etc.—invokes disputes as to the legitimacy of conditions imposed upon recipients, that require them to either express support of government policies or refrain from expressions of dissent. The panel will discuss illustrative episodes from Israel and Canada, and explore several possible arguments that transcend conventional rights-based analysis and locate normative significance in institutional and structural factors of political and constitutional economy.



Time:  TUESDAY JUNE 26 2018 11:00 AM - 12:30 PM
Chair(s):   Mark Tushnet
Panel:  Panel 74