Free speech as civic structure : a comparative analysis of how courts and culture shape the freedom of speech /
'Free Speech as Social Structure' examines and explains the limited relevance of constitutional text to the scope and vibrancy of free speech rights within a particular national legal system. Across jurisdictions, text or its absence will serve merely as a starting point for judicial effor...
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| Format: | eBook |
| Language: | English |
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New York, NY :
Oxford University Press,
[2024]
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| Online Access: | Connect to the full text of this electronic book |
Table of Contents:
- Cover
- Half Title
- Title Page
- Copyright Page
- Dedication
- Contents
- Preface
- Acknowledgments
- List of Abbreviations
- List of Case Name Abbreviations
- 1 Introduction: The Importance of Text to Securing Rights in a Written Constitution (With Particular Attention to Expressive Freedom)
- I. INTRODUCTION: THE INTERRELATIONSHIP OF TEXT AND FUNDAMENTAL HUMAN RIGHTS RECONSIDERED
- II. COMMON LAW CONSTITUTIONALISM AND THE (LIMITED) ROLE OF CONSTITUTIONAL TEXT
- III. THE COSMIC TURTLE REVISITED: JUDGES-NOT TEXT-ALL THE WAY DOWN?
- IV. TEXT, JUDGES, AND EXPRESSIVE FREEDOMS-SETTING THE STAGE FOR A COMPARATIVE LEGAL ADVENTURE
- V. CONCLUSION: TEXT MEETS COURTS
- 2 The United States: The Protean First Amendment and the (Very) Limited Relevance of Its Text to the Warp and Weft of Expressive Freedom
- I. THE FIRST AMENDMENT AS A NONTEXTUAL TEXT: THE PROTEAN NATURE OF THE FIRST AMENDMENT AND THE CRITICAL ROLE OF JUDGES IN PROTECTING EXPRESSIVE FREEDOM
- II. TEXTUALISM AND ORIGINALISM IN CONSTITUTIONAL INTERPRETATION AND ADJUDICATION: THE FIRST AMENDMENT AS AN EXEMPLAR OF COMMON LAW CONSTITUTIONALISM IN ACTION
- III. DEEPLY SEATED SOCIOLEGAL NORMS DEFINE THE SCOPE OF FREEDOM OF EXPRESSION MORE RELIABLY THAN CONSTITUTIONAL TEXT-AND THIS MIGHT APPLY TO OTHER SUBSTANTIVE RIGHTS TOO
- IV. TURTLES ALL THE WAY DOWN: THE NECESSITY OF COMMON LAW EXEGESIS IN INTERPRETING AND APPLYING CONSTITUTIONAL TEXT
- V. CONCLUSION: JUDGES, NOT THE FIRST AMENDMENT'S TEXT, PLAY THE CENTRAL ROLE IN DEFINING AND PROTECTING SPEECH IN THE UNITED STATES
- 3 South Africa : Reconciling the Freedom of Speech With Dignity, Equality, and Human Freedom in the Long Shadow of Apartheid
- I. INTRODUCTION: THE CONSTITUTIONAL COURT OF THE REPUBLIC OF SOUTH AFRICA AS THE GUARDIAN OF CONSTITUTIONAL RIGHTS, VALUES, AND STRUCTURES
- II. THE SOUTH AFRICAN CONSTITUTIONAL TEXT: DIGNITY, EQUALITY, AND HUMAN FREEDOM AS THE APEX HUMAN RIGHTS AND FOUNDATIONAL CONSTITUTIONAL VALUES
- III. THE UNDERLYING CONSTITUTIONAL REALITY: FREEDOM OF EXPRESSION AS A COEQUAL CONSTITUTIONAL VALUE IN THE CCSA'S CONSTITUTIONAL JURISPRUDENCE
- IV. THE LONG SHADOW OF APARTHEID AND FREEDOM OF EXPRESSION: LINGERING SOCIAL SKEPTICISM ABOUT EVEN WELL-INTENTIONED GOVERNMENT EFFORTS TO CENSOR POLITICAL SPEECH
- V. CONCLUSION: FREEDOM OF EXPRESSION AS A COEQUAL CONSTITUTIONAL VALUE WITH DIGNITY, EQUALITY, AND HUMAN FREEDOM
- 4 The United Kingdom: Free Speech as a Sociolegal Norm
- I. INTRODUCTION: THE UNITED KINGDOM AS A CAUTIONARY TALE ABOUT THE IMPORTANCE OF TEXT-AS OPPOSED TO JUDGES-IN SECURING FUNDAMENTAL RIGHTS
- II. THE PRE-HRA 98 PUSH FOR A BRITISH BILL OF RIGHTS AND GROWING JUDICIAL SOLICITUDE FOR EXPRESSIVE FREEDOM CLAIMS
- III. THE ADVENT OF THE HRA 98: BRINGING FUNDAMENTAL HUMAN RIGHTS, INCLUDING EXPRESSIVE FREEDOMS, HOME