The Oxford Handbook of Freedom of Speech (Oxford Handbooks)

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 supra-national 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 tennet of the democratic constitution. Contents 6 List of Abbreviations 9 About the Contributors 10 Introduction 12 PART I: THE IDEA OF FREEDOMOF SPEECH: HISTORY, RATIONALES, AND CONCEPTS 26 History: 28 1. Mill on the Liberty of Thought and Discussion • Christopher Macleod 28 2. The Classic Arguments for Free Speech 1644–1927 • Vincent Blasi 45 Rationales: 69 3. The Truth Justification for Freedom of Speech • William P Marshall 69 4. Autonomy and Free Speech • Catriona Mackenzie and Denise Meyerson 86 5. Freedom of Expression and Democracy • Ashutosh Bhagwat and James Weinstein 107 6. Freedom of Speech and Human Dignity • Dieter Grimm 131 Perspectives: 143 7. Economic Perspectives on Free Speech • Daniel Hemel 143 8. Freedom of Speech and Public Reason • Wojciech Sadurski 162 PART II: FREEDOM OF SPEECH ASA LEGAL PRINCIPLE 182 9. What is Speech? The Question of Coverage • Frederick Schauer 184 10. Proportionality and Limitations on Freedom of Speech • Grégoire Webber 198 11. Freedom of Speech in International law • Michael Hamilton 218 12. The Structure of a Free Speech Right • Stephen Gardbaum 238 13. Positive Free Speech: A Democratic Freedom • Andrew T Kenyon 256 14. Speaking Back • Katharine Gelber 274 PART III: CONTROVERSIES AND CONTEXTS 292 15. Defamation Law, Sullivan, and the Shape of Free Speech • Andrew T Kenyon 294 16. Privacy and Speech • Ioanna Tourkochoriti 317 17. Free Speech and Elections • Joo-Cheong Tham and KD Ewing 337 18. When Is Speech That Causes Unlawful Conduct Protected by Freedom of Speech? The Case of the First Amendment? • Geoffrey R Stone 356 19. The Internet and Social Media • Gregory P Magarian 375 20. Parades, Picketing, and Demonstrations • Timothy Zick 394 21. Insult of Public Officials • Christoph Bezemek 414 22. Freedom of Expression in the Workplace • Cynthia Estlund 435 23. Music and Art • Mark Tushnet 456 24. Free Speech and Commercial Advertising • Frederick Schauer 469 25. Hate Speech • Alon Harel 480 26. Pornography • Caroline West 502 27. Religious Speech • Gautam Bhatia 524 28. Glorifying Censorship? Anti-Terror Law, Speech and Online Regulation • Eliza Bechtold and Gavin Phillipson 543 29. Freedom of Media • Dieter Grimm 567 Index 581 "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 constitutionalism." -- book jacket 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?00The 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 supra-national settings from an international perspective.00Compiled 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 tennet of the democratic constitution 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? This handbook 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 supra-national settings from an international perspective.--Résumé de l'éditeur This book discusses freedom of speech, which is central to the liberal democratic tradition. Freedom of speech touches on every aspect of our social and political system and receives explicit and implicit protection in every modern democratic constitution. Moreover, it is frequently referred to in public discourse and has inspired a wealth of legal and philosophical literature. The book 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