College of William & Mary Law School William & Mary Law School Scholarship Repository Faculty Publications Faculty and Deans 2006 Space, Place, and Speech: The Expressive Topography Timothy Zick William & Mary Law School,
[email protected] Repository Citation Zick, Timothy, "Space, Place, and Speech: The Expressive Topography" (2006). Faculty Publications. 276. https://scholarship.law.wm.edu/facpubs/276 Copyright c 2006 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/facpubs Space, Place, and Speech: The Expressive Topography Timothy Zick* Introduction Place is central to human existence. It is one of the means by which we structure our lives. Place is often itself an event, a center of meaning. Con sider the following places: Ground Zero, the White House, the National Mall, Tiananmen Square, and Auschwitz. These are not mere locales or sites. They are not undifferentiated spaces. They are all dynamic places, expressive aspects of cultures. In their unique ways, these places say something about politics, pain, triumph, and loss. They are repositories of memory, conveyors of rhetoric. The experience of being in these places is very different from the experience of being elsewhere. Contrast these opening observations regarding certain meaningful places with the current First Amendment conception of "place." To the extent that "place" enters constitutional discourse at all, it is as nothing more than a resource, a parcel of property, or an inert element of the expressive back ground.1 Even the most sacred place does nothing; it says nothing. The cur rent First Amendment conception of "place" as inert res is a distinctly lawyerly one.2 It does not appreciate the importance of place to expressive and associative activity.