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Freedom of Speech, 2nd Edition

Freedom of Speech, 2nd Edition

Author: Eric Barendt
Publisher: Oxford University Press
ISBN: 9780199225811
Published In: March 2007
Format: Paperback , 568 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The only book to combine an analysis of the theoretical justification for the protection of free speech with a comparative study of how free speech has been enforced in courts worldwide
The rich comparative treatment of six jurisdictions will aid practitioners dealing with questions on which little or now English authority exists
Forward-looking analysis examines how free speech is applied in new contexts, including the internet, copyright protection, and commercial speech

This is a fully revised and updated new edition of the classic work first published in 1985. There have been many important developments since the first edition, including enactment of the Charter of Rights and Freedoms in Canada in 1982, the impact of the European Human Rights Convention, and the consideration by English courts of Judgments of the European Court of Human Rights.

Social and cultural changes mean that free speech claims are being made in novel contexts: to challenge the validity of bans on tobacco advertising, to publish 'kiss and tell' stories about celebrities, and to resist attempts to regulate the Internet. Barendt considers the meaning and scope of freedom of speech. How far do free speech and expression clauses protect pornography, commercial advertising, and public meetings on the streets? Does this freedom cover desecration of a national flag? Does it include nude dancing?

Eric Barendt discusses the legal protection of free speech in countries including England, the United States (including recent decisions of the United States Supreme Court), Canada, Germany, and under the European Human Rights Convention. He examines the varied approaches of different legal systems and constitutional traditions to balancing free speech and freedom of the press against rights to reputation and privacy, and to copyright and explores the case law in light of the philosophical and political arguments for free speech guarantees.

Readership: Scholars and students of civil liberties, human rights and freedom of speech, politics and media, practitioners specialising in human rights/free speech.

A Note on Abbreviations
Table of English cases
Table of United States cases
Table of Canadian cases
Table of German cases
Table of Decisions of the European Court and Commission of Human Rights
Cases from other jurisdictions
I. WHY PROTECT FREE SPEECH ?
II. FREE SPEECH IN LIBERAL LEGAL SYSTEMS
III. THE SCOPE OF FREEDOM OF SPEECH
IV. PRIOR RESTRAINTS
V. POLITICAL SPEECH
VI. LIBEL AND INVASION OF PRIVACY
VII. COPYRIGHT AND OTHER PROPERTY RIGHTS
VIII. MEETINGS, PROTEST, AND PUBLIC ORDER
IX. FREE SPEECH AND THE JUDICIAL PROCESS
X. PORNOGRAPHY
XI. COMMERCIAL SPEECH
XII. FREEDOM OF SPEECH IN THE MEDIA
XIII. FREEDOM OF SPEECH AND THE INTERNET
XIV. FREEDOM OF SPEECH IN SPECIAL CONTEXTS
Select bibliography
Index

Eric Barendt, Goodman Professor of Media Law, University College London

"It is one of the many virtues of this work that the various aspects of freedom of speech are kept constantly in play...This book should be on the reading list of any student of the ideologies and manners of western liberal democracies." - David Bentley (Associate Fellow in International Law at Chatham House) The World Today

"In a tour de force, Professor Barendt concisely yet comprehensively surveys the important topics and recent developments in the free speech jurisprudence of the western democracies, and does so in an eminently readable style that enhances the book's numerous scholarly insights. If I could have only three books on free speech in my collection, this would be one of them." - James Weinstein, Amelia Lewis Professor of Constitutional Law, Arizona State University