In this Reply, Professor Chemerinsky argues that the application of First Amendment principles to private institutions is desirable. Under traditional law, the free speech interests of private institutions are always favored over the free speech interests of individuals. Transporting 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 competing free speech interests of institutions and individuals, rather than always siding with the institution over the individual.
Erwin Chemerinsky, More Speech Is Better, 45 UCLA Law Review 1635-1644 (1997)