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4 - The Rising Costs of Dissent

Published online by Cambridge University Press:  04 May 2023

Timothy Zick
Affiliation:
Williams & Mary Law School, Virginia
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Summary

Chapter 4 addresses the rising civil costs of dissent. It examines the various costs and liabilities that apply to protest organizers, participants, and supporters. These include permit fees, damages resulting from personal injury lawsuits, statutory penalty enhancements, and loss of public benefits. The chapter makes the case for stricter First Amendment scrutiny of these costs and argues that certain fee-shifting arrangements and civil causes of action violate the First Amendment. It encourages public officials to commit to reducing rather than piling on the costs of dissent.

Type
Chapter
Information
Managed Dissent
The Law of Public Protest
, pp. 84 - 116
Publisher: Cambridge University Press
Print publication year: 2023

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