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1 - Introduction

Published online by Cambridge University Press:  28 May 2021

Andrew T. Kenyon
Affiliation:
University of Melbourne School of Law
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Summary

This chapter outlines the structural diversity of public speech that democratic government requires, and the claim that democracy entails positive freedom of communication, not only a negative freedom or liberty. The state has obligations to support communicative freedom; both positive and negative dimensions of free speech need protection for democracy to have substantial communicative legitimacy. This book, often using historical comparative material, examines speech and varied forms of democracy; what it would mean for society to have a voice, formulate judgments and make claims of government that are heard; and free speech law’s role in the voice, judgments and claims. The chapter explains terminology, challenges in the approach and sources used: media studies, human rights, political theory and legal writing and case law. Further possible sources are considered, including analyses based on communication rights and republican freedom. The book is not an exegesis of any one legal system but explores ideas and techniques relevant to positive dimensions of free speech. The aim is show how law should treat positive free speech and raise questions for democratic systems.

Type
Chapter
Information
Democracy of Expression
Positive Free Speech and Law
, pp. 1 - 37
Publisher: Cambridge University Press
Print publication year: 2021

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  • Introduction
  • Andrew T. Kenyon
  • Book: Democracy of Expression
  • Online publication: 28 May 2021
  • Chapter DOI: https://doi.org/10.1017/9781108645096.002
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  • Introduction
  • Andrew T. Kenyon
  • Book: Democracy of Expression
  • Online publication: 28 May 2021
  • Chapter DOI: https://doi.org/10.1017/9781108645096.002
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Andrew T. Kenyon
  • Book: Democracy of Expression
  • Online publication: 28 May 2021
  • Chapter DOI: https://doi.org/10.1017/9781108645096.002
Available formats
×