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Published online by Cambridge University Press: 04 May 2023
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.
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