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The Troubling Resurgence of The 'Heckler's Veto'     1/25/2005
By Jan Larue, Chief Counsel

When character assassination replaces sound argument, the First Amendment loses.

[Note: This resource was featured in Human Events Online on January 26, 2005.]

Heckle means to "harass and try to disconcert with questions, challenges, or gibes." A heckler is someone apparently incapable of articulating an intelligent argument using facts and logic when facing someone with whom he disagrees. Quite often, scurrilous name-calling and imputing malicious motives to opponents are thrown in for good measure.

Hecklers often turn to government to silence politically disfavored speech by means of the "Heckler's Veto." When a government official is complicit in suppressing protected speech, it undermines the First Amendment by silencing the very political discourse the Amendment is meant to protect.

The Supreme Court has rejected the "Heckler's Veto," by which "governmental grants of power to private actors" allow "a single, private actor to unilaterally silence a speaker even as to willing listeners." Hill v. Colorado, 530 U.S. 703, 735 (2000). [more ...]


The CWA publication, "The Troubling Resurgence of The 'Heckler's Veto'," is available for the Web via Adobe Acrobat. The Acrobat Reader is available for free by clicking the button below.



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