The Threat to Charge a Fee Violates Free Speech

To the Editor:

Congratulations on reviving The Harvard Law Record. In the past, it made a great contribution to our community, and I’m sure it will again.

Your Oct. 19 article is very powerful, and it certainly exposes the fact that our university, and even our law school, does not adhere to the First Amendment. We are not legally bound to, but we purport to follow it, and we proudly have in the past. “Controversial” speech is wholly protected free speech and should be encouraged by a university that believes in the exchange of ideas. As your article states, charging a fee for it (or regulating any speech with no discernible standards) is a clear violation, as Forsyth makes clear. The threat to charge a fee violates free speech, even if none is charged; it discourages organizers from inviting speakers. In legalese, it produces a “chilling effect.”

Since our community is diverse, almost all invited speakers are “controversial” to some.

Martha A. Field
Langdell Professor of Law, Harvard Law School