V. CONCLUSION

It may be helpful to summarize the foregoing classification schema of collective speech rights in the form of a table. The table is self-explanatory, but in order for it to correspond fully to the preceding discussion, I should clarify that the collectivities listed in it and the speech rights assigned to them pertain to “government” or “state” entities as well as to those collectivities that belong in the private domain.

The table conveys in a graphic way, and so accentuates, a property of the discursive exposition that preceded it: it is the neatness of the typology of both collectivities and rights and of their interrelationships. Let me then sound a warning to which I have already alluded earlier. Any attempt to fit a substantial segment of social reality into a table forces such reality into a procrustean bed. The present case is no exception. Many collectivities will no doubt prove recalcitrant in the face of the sharp divisions

I propose, and the appropriate constitutional protections will often elude the schematic structure of rights that I have elaborated. Here, as elsewhere, theoretical clarity will be an aid rather than a hindrance only so long as the caveat regarding theory’s limited ambition that I sounded at the outset is firmly kept in mind.

Type of speaker’s right

Type of collectivity

Original (expressive) right

Active

derivative right

Passive

derivative right

Commercial organization

+

Expressive organization

+

+

Protective organization

+

+

Community

+

+

.
 
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