The Oxford Handbook of Freedom of Speech

by Stone, Adrienne; Schauer, Frederick

• ISBN13: 9780198933540
• ISBN10: 0198933541
• Format: Paperback
• Copyright: 2024-12-12
• Publisher: Oxford University Press

Summary

Freedom of speech is central to the liberal democratic tradition. It touches on every aspect of our social and political system and receives explicit and implicit protection in every modern democratic constitution. It is frequently referred to in public discourse and has inspired a wealth of legal and philosophical literature. The liberty to speak freely is often questioned; what is the relationship between this freedom and other rights and values, how far does this freedom extend, and how is it applied to contemporary challenges?

The Oxford Handbook on Freedom of Speech seeks to answer these and other pressing questions. It provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law. In doing so, it examines freedom of speech in a variety of national and supranational settings from an international perspective.

Compiled by a team of renowned experts in the field, this handbook features original essays by leading scholars and theorists exploring the history, legal framework, and controversies surrounding this tenet of the democratic constitution.

Author Biography

Adrienne Stone, Melbourne Laureate Professor, The University of Melbourne,Frederick Schauer, David and Mary Harrison Distinguished Professor of Law, University of Virginia

Adrienne Stone is a Melbourne Laureate Professor, and Director of the Centre for Comparative Constitutional Studies at Melbourne Law School. She researches in the areas of constitutional law and constitutional theory with particular attention to freedom of expression.

Frederick Schauer is David and Mary Harrison Distinguished Professor of Law at the University of Virginia. He has written widely on freedom of expression, constitutional law and theory, evidence, legal reasoning and the philosophy of law.

Table of Contents

IntroductionPART I: The Idea of Freedom of Speech: History, Rationales and Concepts1. Mill on the Liberty of Thought and Discussion, Christopher McLeod2. The Classic Arguments for Free Speech 1644-1927, Vincent Blasi3. The Truth Justification for Freedom of Speech, Bill Marshall4. Autonomy and Free Speech, Catriona McKenzie and Denise Meyerson5. Freedom of Expression and Democracy, James Weinstein and Ashutosh Bhagwhat6. Freedom of Speech and Human Dignity, Dieter Grimm7. Economic Perspectives on Free Speech, Daniel Hemel8. Freedom of Speech and Public Reason, Wojciech SadurskiPART II: Freedom of Speech as a Legal Principle9. What is 'Speech'? The Question of Coverage, Fred Schauer10. Proportionality and Limitations on Freedom of Speech, Gregoire Webber11. Freedom of Speech in International law, Michael Hamilton12. The Structure of a Free Speech Right, Stephen Gardbaum13. Positive Free Speech: A Democratic Freedom, Andrew Kenyon14. Speaking Back, Katharine GelberPART III: Controversies and Contexts15. Defamation Law, Sullivan and the Shape of Free Speech, Andrew Kenyon16. Privacy and Speech, Ioanna Tourkochoriti17. Free Speech and Elections, Joo-Cheong Tham and K D Ewing18. When is Speech that Causes Unlawful Conduct Protected by Freedom of Speech? The Case of the First Amendment., Geoffrey Stone19. The Internet and Social Media, Greg Magarian20. Parades, picketing and demonstrations, Timothy Zick21. Insult of Public Officials, Christoph Bezemek22. Freedom of Expression in the Workplace, Cynthia Estlund23. Music and Art, Mark Tushnet24. Free Speech and Commercial Advertising, Fred Schauer25. Hate speech, Alon Harel26. Pornography, Caroline West27. Religious Speech, Gautam Bhatia28. Glorifying censorship? Anti-terror law, speech and online regulation, Gavin Phillipson and Eliza Bechtold29. Freedom of Media, Dieter Grimm