Freedom of SpeechThis is a fully revised and updated new edition of the classic work first published in 1985. There have been many important developments since the first edition, including enactment of the Charter of Rights and Freedoms in Canada in 1982, the impact of the European Human Rights Convention, and the consideration by English courts of Judgments of the European Court of Human Rights. Social and cultural changes mean that free speech claims are being made in novel contexts: to challenge the validity of bans on tobacco advertising, to publish 'kiss and tell' stories about celebrities, and to resist attempts to regulate the Internet. Barendt considers the meaning and scope of freedom of speech. How far do free speech and expression clauses protect pornography, commercial advertising, and public meetings on the streets? Does this freedom cover desecration of a national flag? Does it include nude dancing? Eric Barendt discusses the legal protection of free speech in countries including England, the United States (including recent decisions of the United States Supreme Court), Canada, Germany, and under the European Human Rights Convention. He examines the varied approaches of different legal systems and constitutional traditions to balancing free speech and freedom of the press against rights to reputation and privacy, and to copyright and explores the case law in light of the philosophical and political arguments for free speech guarantees. |
Contents
I Why Protect Free Speech? | 1 |
II Free Speech in Liberal Legal Systems | 39 |
III The Scope of Freedom of Speech | 74 |
IV Prior Restraints | 117 |
V Political Speech | 154 |
VI Libel and Invasion of Privacy | 198 |
VII Copyright and Other Property Rights | 247 |
VIII Meetings Protest and Public Order | 268 |
X Pornography | 352 |
XI Commercial Speech | 392 |
XII Freedom of Speech in the Media | 417 |
XIII Freedom of Speech and the Internet | 451 |
XIV Freedom of Speech in Special Contexts | 475 |
| 507 | |
| 513 | |
IX Free Speech and the Judicial Process | 312 |
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Common terms and phrases
advertising Amendment apply approach argued argument Article authority BBFC broadcasting BVerfGE censorship circumstances claim commercial speech common law communication concerned conduct considered contempt of court context Court held Court of Appeal coverage covered criminal decision defendant democracy disclosure discussion ECHR EHRR entitled European Court exercise film free speech principle free speech rights freedom of assembly freedom of expression freedom of speech German Constitutional Court groups guaranteed hate speech House of Lords Ibid imposed individuals infringed injunction insulting Internet issues journalists justify Law Rev legislation limits majority material Moreover newspaper obscenity offence particular parties police political speech pornography press freedom prior restraint proscribe prosecution protection provision public interest public order publish reason regarded regulation restrictions right to freedom rule sexually explicit speaker speech law Supreme Court television tion trial United upheld Williams Committee