Negative theory recognizes the press’s vulnerability to government retaliation.
Helen Norton is a university distinguished professor and Rothgerber Chair in Constitutional Law at the University of Colorado School of Law. Her scholarly and teaching interests include constitutional law and civil rights law. Before entering academia, Norton served as deputy assistant attorney general for civil rights at the U.S. Department of Justice, and as director of legal and public policy at the National Partnership for Women & Families, and she currently serves as special counsel on constitutional and civil rights for Colorado’s attorney general. She has been honored with the Excellence in Teaching Award on multiple occasions and appointed as a University of Colorado presidential teaching scholar. Her work has been published by Cambridge University Press, Duke Law Journal, Northwestern University Law Review, Stanford Law Review Online, and the Supreme Court Review, among others.
Why the reflexive deployment of negative theory, which increasingly dominates the contemporary Supreme Court’s approach to Free Speech Clause problems, has its costs
Litigation is one remedy; laws that constrain the speech of governmental bodies are another; counterspeech and politics are still more