Positive free speech : rationales, methods and implications / edited by Andrew T Kenyon and Andrew Scott.

Format:

Book

Contributor:

Kenyon, Andrew T., editor.

Scott, Andrew, 1974- editor.

Language:

English

Subjects (All):

Freedom of speech--Europe.

Freedom of speech.

Physical Description:

1 online resource (viii, 204 pages)

Edition:

First edition.

Distribution:

[London, England] : Bloomsbury Publishing, 2020

Place of Publication:

Oxford ; Hart, 2020.

Summary:

"Freedom of expression is generally analysed as a bare liberty that should not be constrained 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 Northern European 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, sociologists, and political scientists"-- Provided by publisher.

Contents:

Complicating Freedom : Investigating Positive Free Speech / Andrew T Kenyon

Providing a Platform for Speech : Possible Duties and Responsibilities /

Thomas Gibbons

Positive Protection for Speech and Substantive Political Equality / Jacob Rowbottom

The Access to Information Dimension of Positive Free Speech / Andrew Scott and Abbey Burke

Promoting Civic Discourse : A Form of Positive Free Speech under the Constitution of Ireland? / Eoin Carolan

Th e State of Affairs of Freedom : Implications of German Broadcasting Freedom / Andrew T Kenyon

The Collective Speech Rights of Minorities / Sally Broughton Micova

The Positive Right to Freedom of Expression and Party Anonymity in Legal Proceedings / Merris Amos

Positive Free Speech and Public Access to Courts / Judith Townend

Hiding the Truth in the Shadow of the Law? : Addressing the Misuse of Confidentiality Clauses in Public Authority Contracts / Andrew Scott

Speaking and Governing through Freedom of Access to Environmental

Information / Mélanie Dulong de Rosnay and Laura Maxim

Notes:

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781509908325

1509908323

9781509908301

1509908307

1-5099-0831-5