7 - Responding to The Government’s Destructive Speech

Summary

This chapter considers available responses to the government’s speech that endangers constitutional values. It starts by outlining possibilities for, and barriers to, constitutional remedies that include injunctive relief, declaratory relief, and damages. It then turns to a range of legislative, structural, and political possibilities for constructively influencing the government's expressive choices without resort to constitutional litigation. Statutory possibilities include laws that that require the government’s transparency, its deliberation, and its accuracy; or that limit the government’s speech on certain matters or for certain purposes. Other options include legislative oversight and impeachment, as well as rebuttals, protests, and other forms of counterspeech from other government officials, the press, and, of course, the people themselves—along with political remedies that include petitioning, lobbying, and voting.