Begging to Differ: The First Amendment and the Right to Beg

This article argues that begging is fully protected speech. The authors argue that the values underlying the First Amendment support begging as protected speech. It is demonstrated that begging fits within Supreme Court case law that protects the right to solicit charitable contributions and that it cannot be restricted as commercial speech or banned as conduct or offensive speech. The authors suggest that the same considerations that make begging troubling to many listeners also make it a particularly valuable form of speech, implicating what this article calls an engagement function of speech (authors).