Positive Free Speech

Author: Andrew T Kenyon
Editor: Bloomsbury Publishing
ISBN: 1509908315
File Size: 61,79 MB
Format: PDF
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Freedom of expression is generally analysed as a bare liberty against restraint by state action. Underpinning rationales for freedom of speech very often imply, however, that the concept also has important positive aspects, and that to be truly 'democratic' the modern polity requires more than negative freedom. In contemporary conditions, this understanding of free speech raises matters such as media diversity or pluralism, the concept of voice and access to the public sphere, access to information, and the need to rethink the audience in relation to public speech. Whether securing positive free speech is a matter of politics or of law, a task for legislatures or for courts, is an open question. On one level, any programme of inculcating positive dimensions of free speech might be understood as inherently polycentric and hence political in character. Yet, a number of jurisdictions evince enhanced legal recognition for the principle. The aim of this collection of papers is to interrogate the rationales of positive free speech, to consider the political and juridical methods by which it has or may be more fully reflected in the modern state, and to consider the range of practical contexts in which its valorisation has or would have significant implications. The contributors are drawn from an array of European and international jurisdictions. They include academic lawyers and communications researchers
Positive Free Speech
Language: en
Pages: 208
Authors: Andrew T Kenyon, Andrew Scott
Categories: Law
Type: BOOK - Published: 2020-05-28 - Publisher: Bloomsbury Publishing

Freedom of expression is generally analysed as a bare liberty against restraint by state action. Underpinning rationales for freedom of speech very often imply, however, that the concept also has important positive aspects, and that to be truly 'democratic' the modern polity requires more than negative freedom. In contemporary conditions,
Democracy of Expression
Language: en
Pages:
Authors: Andrew T. Kenyon
Categories: Law
Type: BOOK - Published: 2021-05-31 - Publisher: Cambridge University Press

Free speech has positive dimensions of enablement and negative dimensions of non-restraint, both of which require protection for democracy to have substantial communicative legitimacy. In Democracy of Expression, Andrew Kenyon explores this need for sustained plural public speech linked with positive communicative freedom. Drawing on sources from media studies, human
The Cost of Free Speech
Language: en
Pages: 213
Authors: A. Levin
Categories: Philosophy
Type: BOOK - Published: 2010-09-29 - Publisher: Springer

The distinctly contemporary proliferation of pornography and hate speech poses a challenge to liberalism's traditional ideal of a 'marketplace of ideas' facilitated by state neutrality about the content of speech. This new study argues that the liberal state ought to depart from neutrality to meet this challenge.
Positive Freedom and the Law
Language: en
Pages: 227
Authors: Kim Treiger-Bar-Am
Categories: Law
Type: BOOK - Published: 2019-07-25 - Publisher: Routledge

This book explains why we should stop thinking of freedom as limited to a right to be left alone. It explores how Kantian philosophy and Jewish thought instead give rise to a concept of positive freedom. At heart, freedom is inextricably linked to the obligation to respect the autonomy and
Speaking Back
Language: en
Pages: 177
Authors: Katharine Gelber
Categories: Language Arts & Disciplines
Type: BOOK - Published: 2002-05-03 - Publisher: John Benjamins Publishing

This book proposes an original policy framework for addressing hate speech. Gelber argues that a policy designed to provide support to affected groups and communities to enable them to speak back when hate speech occurs, is a more useful way of addressing the harms of hate speech than punitive measures.