This book examines and explains the limited relevance of constitutional text to the scope and vibrancy of free speech rights within a particular national legal system. The author argues that, across jurisdictions, text or its absence will serve merely as a starting point for judicial efforts to protect speech activity.
This book examines and explains the limited relevance of constitutional text to the scope and vibrancy of free speech rights within a particular national legal system. The author argues that, across jurisdictions, text or its absence will serve merely as a starting point for judicial efforts to protect speech activity.
Ronald J. Krotoszynski, Jr. is the John S. Stone Chair, Director of the Program in Constitutional Studies & Initiative for Civic Engagement , and Professor of Law at the University of Alabama School of Law. His teaching and research focus on constitutional law, First Amendment law, administrative law, telecommunications law, and comparative constitutional law. Professor Krotoszynski frequently writes and lectures on topics related to freedom of expression and how law and culture inform speech and law - particularly from a comparative law perspective. He is the author of numerous law review articles and several books, including The Disappearing First Amendment (2019), Privacy Revisited (2016), and The First Amendment in Cross-Cultural Perspective (2006).
Inhaltsangabe
* Chapter 1: Introduction: The Importance of Text to Securing Rights in a Written Constitution (with Particular Attention to Expressive Freedom) * Chapter 2: The United States: The Protean First Amendment and the (Very) Limited Relevance of Its Actual Text to the Warp and Weft of Expressive Freedom * Chapter 3: South Africa: Reconciling the Freedom of Speech with Dignity, Equality, and Human Freedom in the Long Shadow of Apartheid * Chapter 4: The United Kingdom: Free Speech as a Sociolegal Norm * Chapter 5: Australia: The Constitutional Protection of Political and Governmental Speech as an "Implied Freedom" Essential to Facilitating Democratic Deliberation, the Electoral Process, and Democracy Itself * Chapter 6: Freedom of Expression in Israel: Common Law Constitutionalism, Democracy, and Dignity * Chapter 7: Conclusion: Common Law Constitutionalism in the Service of Expressive Freedoms Constitutes the Global Rule Rather than the Exception
* Chapter 1: Introduction: The Importance of Text to Securing Rights in a Written Constitution (with Particular Attention to Expressive Freedom) * Chapter 2: The United States: The Protean First Amendment and the (Very) Limited Relevance of Its Actual Text to the Warp and Weft of Expressive Freedom * Chapter 3: South Africa: Reconciling the Freedom of Speech with Dignity, Equality, and Human Freedom in the Long Shadow of Apartheid * Chapter 4: The United Kingdom: Free Speech as a Sociolegal Norm * Chapter 5: Australia: The Constitutional Protection of Political and Governmental Speech as an "Implied Freedom" Essential to Facilitating Democratic Deliberation, the Electoral Process, and Democracy Itself * Chapter 6: Freedom of Expression in Israel: Common Law Constitutionalism, Democracy, and Dignity * Chapter 7: Conclusion: Common Law Constitutionalism in the Service of Expressive Freedoms Constitutes the Global Rule Rather than the Exception
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