MORE SPEECH IS BETTER

In this Reply, Professor Chemerinsky argues that the application of Fi rst Amendment principles to private institutions is desirable. Under t raditional law, the free speech interests of private institutions are always favored over the free speech interests of individuals. Transpor ting First Amendment norms to the private sector is desirable because more speech is generally best and private power can chill and prevent speech just as much as government actions. Courts should balance the c ompeting free speech interests of institutions and individuals, rather than always siding with the institution over the individual.