This comprehensive book examines the theoretical underpinnings of free speech and provides crucial insights into the contemporary resurgence of debates over its importance. Contributing authors critically analyse many of these disputes, including the regulation of online speech, current attacks on universities, and on the civil service.
Leading scholars address the reasons why societies choose to protect freedom of expression, mapping both its current and future landscape with a particular focus on free speech institutions such as universities and the press. Other chapters highlight the distinct issues raised by the intersection of private power and free expression, and examine international variation in protections for free expression. The book also investigates the role of other expressive rights, including freedom of assembly, association, and petition.
The Elgar Companion to Freedom of Speech and Expression is a crucial resource for scholars and students, particularly those in the fields of constitutional law, human rights, law and society, and political science. It is also useful for practicing lawyers looking for insight on litigation issues regarding freedom of expression and associated topics.
This comprehensive book examines the theoretical underpinnings of free speech and provides crucial insights into the contemporary resurgence of debates over its importance. Contributing authors critically analyse many of these disputes, including the regulation of online speech, current attacks on universities, and on the civil service.
Contents
Introduction ix
Ashutosh Bhagwat and Alan K. Chen
PART I WHAT MAKES SPEECH VALUABLE
1 Our eclectic First Amendment 2
David S. Han
2 Free speech as a prerequisite for all other rights 18
Eric Heinze
3 The fearlessness rationale for free speech 36
Andrew M. Koppelman
PART II FREE SPEECH, PRIVATE POWER, AND DEMOCRACY
4 The demand for bullshit 50
Lila Greenberg, Katherine Marin, Jessica Sparks and Jane Bambauer
5 Social media must-carry laws and the First Amendment 69
Kyle Langvardt and Alan Z. Rozenshtein
6 Anti-free speech Lochnerism 87
Gregory P. Magarian
7 Speech restrictions imposed by private employers 109
Eugene Volokh
PART III FREE SPEECH AND INSTITUTIONS
8 The role of speech institutions when both speech and institutions are
threatened 131
Joseph Blocher
9 The work of the press clause 147
RonNell Andersen Jones and Sonja R. West
10 Politics, knowledge, and government speech 172
Heidi Kitrosser
11 Faculty speech, academic freedom, and democratic backsliding 192
Timothy Zick
PART IV PENUMBRAL EXPRESSIVE RIGHTS
12 The right of assembly revisited 215
John Inazu
13 Democratic self-government and the First Amendments forgotten
clauses: 230
Ronald J. Krotoszynski, Jr
PART V COMPARATIVE APPROACHES TO PROTECTING FREE SPEECH
14 Online must-carry in comparative perspective 264
Enrique Armijo
15 Differences of approach to freedom of expression in Europe and the
United States: what is their explanation? 281
Eric Barendt
16 A transatlantic overview of free speech theory and doctrines 299
Thomas Hochmann
17 The forms of freedom of expression 314
Adrienne Stone
18 Hate speech 334
Mark Tushnet
PART VI THE FUTURE OF FREEDOM OF EXPRESSION
19 Re-examining the relationship between free speech and democratic
legitimacy after the January 6 insurrection 349
Eliza Bechtold
20 Ships still passing in the night? the deepening EuropeanUS divide on
regulating the online public sphere 368
Gavin Phillipson
21 The unfortunate consequences of a misguided free speech principle 403
Robert C. Post
22 Dignity, free speech, and algorithmic machines 414
Alexander Tsesis
Edited by Ashutosh Bhagwat, Boochever and Bird Distinguished Professor of Law, University of California, Davis School of Law and Alan K. Chen, Thompson G. Marsh Law Alumni Professor, University of Denver Sturm College of Law, USA
