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.
Introduction PART I: The Idea of Freedom of Speech: History, Rationales and Concepts 1: Christopher McLeod: Mill on the Liberty of Thought and Discussion 2: Vincent Blasi: The Classic Arguments for Free Speech 1644-1927 3: Bill Marshall: The Truth Justification for Freedom of Speech 4: Catriona McKenzie and Denise Meyerson: Autonomy and Free Speech 5: James Weinstein & Ashutosh Bhagwhat: Freedom of Expression and Democracy 6: Dieter Grimm: Freedom of Speech and Human Dignity 7: Daniel Hemel: Economic Perspectives on Free Speech 8: Wojciech Sadurski: Freedom of Speech and Public Reason PART 2: Freedom of Speech as a Legal Principle 9: Fred Schauer: What is 'Speech'? The Question of Coverage 10: Gregoire Webber: Proportionality and Limitations on Freedom of Speech 11: Michael Hamilton: Freedom of Speech in International law 12: Stephen Gardbaum: The Structure of a Free Speech Right 13: Andrew Kenyon: Positive Free Speech: A Democratic Freedom 14: Katharine Gelber: Speaking Back PART III: Controversies and Contexts 15: Andrew Kenyon: Defamation Law, Sullivan and the Shape of Free Speech 16: Ioanna Tourkochoriti: Privacy and Speech 17: Joo-Cheong Tham and K D Ewing: Free Speech and Elections 18: Geoffrey Stone: When is Speech that Causes Unlawful Conduct Protected by Freedom of Speech? The Case of the First Amendment. 19: Greg Magarian: The Internet and Social Media 20: Timothy Zick: Parades, picketing and demonstrations 21: Christoph Bezemek: Insult of Public Officials 22: Cynthia Estlund: Freedom of Expression in the Workplace 23: Mark Tushnet: Music and Art 24: Fred Schauer: Free Speech and Commercial Advertising 25: Alon Harel: Hate speech 26: Caroline West: Pornography 27: Gautam Bhatia: Religious Speech 28: Gavin Phillipson and Eliza Bechtold: Glorifying censorship? Anti-terror law, speech and online regulation 29: Dieter Grimm: Freedom of Media
Adrienne Stone holds a Chair at Melbourne Law School where she is also a Kathleen Fitzpatrick Australian Laureate Fellow, a Redmond Barry Distinguished Professor and Director of the Centre for Comparative Constitutional Studies. She researches in the areas of constitutional law and constitutional theory with particular attention to freedom of expression. Frederick Schauer is a 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.
Reviews for The Oxford Handbook of Freedom of Speech
This is, therefore, without doubt a seminal piece of work, that not only makes a valuable contribution to the free speech debate now but will, no doubt, continue to act as a catalyst and resource for further research and debate long into the future. Stone and Schauer, and their contributors, have managed to adroitly balance authoritative analysis with accessibility. Consequently, this book will not only be of huge value to academic and practising lawyers operating within the media law and human rights spheres, but will also be of interest to law students, philosophers and communication and journalism scholars around the world. Personally, this exceptional collection has already become indispensable for my research and teaching and is a book that I will not hesitate to recommend to my University's library. * Dr Peter Coe, University of Reading, Entertainment Law Review *
