The Freedom Not to Speak.

• Author: Ferrall, Bard R.
• Position: Review

HAIG BOSMAJIAN, THE FREEDOM NOT TO SPEAK (New York & London: New York University Press, 1999) 241 pp.

American jurisprudence has generally recognized that the freedom of speech also includes the freedom not to speak, i.e., freedom from compulsion to reveal one's thoughts or beliefs. Freedom of association, similarly is thought to include the freedom from compulsion to reveal one's associations. However, existing legal protections from these compulsions are inadequate, the author argues, because freedom not to speak is not regarded as a fundamental liberty. Constitutional protections of freedom of speech and association are subject to balancing tests, and some compelling state interests can override freedom of speech and association. As part of the freedom to speak, the freedom not to speak is subject to the same balancing test. If the freedom not to speak were considered a fundamental liberty, however, it could be breached only when the governmental interest reached the level of a legitimate exercise of the police powers. After discussing various incidents in American history where individuals were compelled to confess to what was regarded as heresy, to reveal their beliefs or associations, or to participate in...