The Oxford Handbook of Freedom of Speech

ISBN : 9780198827580

Adrienne Stone; Frederick Schauer
640 ページ
171 x 246 mm

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.


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 Ionanna Tourochiti: 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.