Free Speech in the Balance
Cambridge University Press, 5/6/2021
EAN 9781108439268, ISBN10: 1108439268
Paperback, 256 pages, 22.9 x 15.2 x 1.5 cm
Language: English
Originally published in English
Free Speech in the Balance is the first comprehensive study of proportional analysis in free speech theory. This book challenges the US Supreme Court's categorical approach and explains the importance of understanding the breadth of concerns arising from regulations directly and indirectly impacting expression. The author provides in-depth analysis of some of the important social and political principles governing topics of vital concern, including campaign financing, university speech codes, secondary school rules, incitement, and threats. This book should be read by students and scholars of free speech theory and anyone interested in learning more about the history of existing law, the issues of current importance, and trends in expressive significance.
Part I. Theory
1. Formalism and Categorical Doctrine
2. Dominant Academic Approaches to Free Speech
Strengths and Shortcomings
3. Free Speech and Proportionality
4. Civic Community and Social Context
Part II. Application
5. US formalism and EU proportionality alternative
6. Offense, Incitement, True Threats, and Hate Speech
7. Terrorist Incitement on the Internet
8. First Amendment on Campus
9. High Schooler Speech in the Age of the Internet
10. On the Campaign Trail
Money and Politics
Conclusion
References
Index.