The appropriation and use of others' speech - through quotation, compilation, or republication - is ubiquitous; however, traditional First Amendment jurisprudence is often at a loss when it confronts "speech selection judgments." In this Comment, the Authors explore the phenomenon of speech selection, and the attributes of speaking and communication that may account for its status as speech under the First Amendment. The Authors then analyze the Supreme Court's reasoning in a single case, Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, according to four different theories of speech and communication; in order to comment on ambiguities inherent in the nature of speech selection judgments, and the implicit in the Court's decision.
Randall P. Bezanson and Michele Choe,
Speaking Out of Thin Air: A Comment on Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston,
25 Hastings Comm. & Ent.L.J. 149
Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol25/iss1/4