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Publication

The Affirmative Side of the First Amendment

Emerson, Thomas
Abstract
Traditionally, the first amendment, like other provisions of the Bill of Rights, has operated primarily as a negative force in maintaining the system of freedom of expression. It has served to prevent the government from prohibiting, harassing, or interfering with speech or other forms of communication. On the other hand, the first amendment has not been viewed as a significant factor in efforts to promote freedom of expression or to impose limits on governmental participation in the system.