Who Can Restrict Free Speech?

Published: May 1, 2017

Although some groups are allowed to restrict speech, others are not. What sets them apart is if there are other options available to individuals. In general, the government is not allowed to restrict speech because it does not have any competitors and thus could stamp out all opposing views. Private groups on the other hand have competitors, which ensures a diversity of views and options to individuals.

Discussion Questions

  1. Why would private groups want to restrict speech, membership, or other activities on its property?
  2. Are there any private organizations that have lost customers due to their speech codes?
  3. If a private group is a monopoly and doesn’t have any competition, are they allowed to restrict speech?

Cast

Richard A. Epstein

Richard A. Epstein

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