Stephen Gardbaum · June 2008
76 GEO. WASH. L. REV. 1065 (2008)
I want to start by thanking Professor Youm for an interesting and instructive account of the right of reply in international and comparative constitutional law. In this brief comment on his article,1 I aim to do three things: (1) clarify how more general structural differences between the U.S. Constitution and other constitutions affect how the particular issue of a right of reply is framed and analyzed, (2) present a few thoughts in response to some of Professor Youm’s claims and arguments in support of his conclusion that U.S. courts should rethink the foreign experience on rights of reply, and (3) suggest why and how it is necessary to go beyond a right of reply if the goal of ensuring robust political debate is to be achieved.
