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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Bibliographic Details
Main Author: Krotoszynski, Ronald J., 1967- (Author)
Format: eBook
Language:English
Published: New York, NY : Oxford University Press, [2024]
Subjects:
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