Freedom of Expression: Justifications & restrictions
Israel Democracy Institute (2008)
| Abstract | "Freedom of expression" is a complex notion that reflects various considerations and raises many questions related to their content and interaction. This paper is an abstract of a book that considers general aspects regarding the justification and the limits of freedom of expression and analyzes exiting law in light of this normative discussion. Particularly, it considers the way to determine the proper scope of freedom of expression; first-order and second-order considerations in favor and against freedom of expression, both in general and regarding central specific kinds of expressions; and possible ways to normatively regulate the field of expressions - in particular to restrict expressions, primarily by law - and specifically the common view that subsequent punishment for an expression is generally preferable to prior restraint of an expression. | |||||||||
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Corey Brettschneider (2010). When the State Speaks, What Should It Say? The Dilemmas of Freedom of Expression and Democratic Persuasion. Perspectives on Politics 8 (4):1005-1019.
Patrick Lee Plaisance (2003). Justifications for Our Free Speech. International Journal of Applied Philosophy 17 (2):211-224.
H. J. McCloskey (1970). Liberty of Expression its Grounds and Limits (I). Inquiry 13 (1-4):219 – 237.
Bruce Barry (2007). The Cringing and The Craven. Business Ethics Quarterly 17 (2):263-296.
Jonathan Gilmore (2011). Expression as Realization: Speakers’ Interests in Freedom of Speech. Law and Philosophy 30 (5):517-539.
Re'em Segev (2001). Freedom of Expression Against Governmental Authorities. Israel Democracy Institute.
Kenton F. Machina (1984). Freedom of Expression in Commerce. Law and Philosophy 3 (3):375 - 406.
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