Advanced Introduction to Freedom of Expression


Advanced Introduction to Freedom of Expression

9781786437150 Edward Elgar Publishing
Mark Tushnet, William Nelson Cromwell Professor of Law Emeritus, Harvard University, US
Publication Date: 2018 ISBN: 978 1 78643 715 0 Extent: 144 pp
The Advanced Introduction to Freedom of Expression provides an overview of major issues in the doctrinal structure of a law of freedom of expression, relevant to discussions of freedom of expression under many national constitutions. Assuming familiarity with basic theories of free expression, this book addresses the implications of reasonable disagreement between legislatures and courts about whether a specific measure violates freedom of expression, the implications of the fundamental proposition that speech can cause harm, the distinction between the coverage of freedom of expression and the protections it affords, and the appropriate doctrinal forms when speech is said to conflict with other rights such as equality, or merely other social interests. The book will be of interest to anyone, including students, teachers, researchers and policymakers wanting to learn more about the freedom of expression and the law.

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Critical Acclaim
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Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.

Mark Tushnet presents a concise yet comprehensive overview of free expression law, understood as a form of constitutional law. Confronting the major issues of free expression – speech critical of government, libel law, hate speech regulation, and the emerging challenges posed by new technologies – he evaluates the key questions and potential difficulties for future generations.

Contrasting the United States with current law in Europe and elsewhere, Tushnet argues that freedom of expression around the world should reflect deference to legislative judgements, unless those judgements reflect inadequate deliberation or bias, and that much of the existing free expression law is consistent with this view.

Key features include:

• Comprehensible for both students of law and non-specialist readers interested in freedom of expression from a legal perspective

• Viewpoints from multiple legal systems including analysis of decisions made by the US Supreme Court and the European Court of Human Rights

• Explains the two legal doctrinal structures: categorical, rule-bound approaches and standards-based approaches

• List of key references for further reading, allowing readers to extend their knowledge of the topic past the advanced introduction.

This Advanced Introduction will be an essential foundational text for students of law, as well as those from a political science background who can view freedom of expression from a legal perspective.
Critical Acclaim
‘Aimed at readers with some familiarity with basic free speech law and concepts, this Advanced Introduction admirably hits its mark. It provides conceptual clarity and analytical nuance. It addresses old and new free speech controversies and draws on the law of a wide range of constitutional democracies.’
– Adrienne Stone, The University of Melbourne, Australia
Contents: Introduction 1. Basic Concepts 2. Justifications for Regulating Speech 3. The Distinction between Coverage and Protection 4. Rights Versus Rights/Rights Versus Interests 5. Subsidies and Content-Neutral Regulations 6. New (?) Challenges Conclusion Index

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