Positive Free Speech: Rationales, Methods and Implications

Author: Andrew T. Kenyon; Andrew Scott
Publisher: Hart Publishing
ISBN: 9781509943906

Published In: November 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509908295

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Freedom of expression is generally analysed as a bare liberty against restraint by state action. Underpinning rationales for freedom of speech very often imply, however, that the concept also has important positive aspects, and that to be truly 'democratic' the modern polity requires more than negative freedom. In contemporary conditions, this understanding of free speech raises matters such as media diversity or pluralism, the concept of voice and access to the public sphere, access to information, and the need to rethink the audience in relation to public speech. Whether securing positive free speech is a matter of politics or of law, a task for legislatures or for courts, is an open question. On one level, any programme of inculcating positive dimensions of free speech might be understood as inherently polycentric and hence political in character. Yet, a number of jurisdictions evince enhanced legal recognition for the principle.

The aim of this collection of papers is to interrogate the rationales of positive free speech, to consider the political and juridical methods by which it has or may be more fully reflected in the modern state, and to consider the range of practical contexts in which its valorisation has or would have significant implications. The contributors are drawn from an array of European and international jurisdictions. They include academic lawyers and communications researchers.

1. Complicating Freedom: Investigating Positive Free Speech

Andrew T. Kenyon

2. Providing a Platform for Speech: Possible Duties and Responsibilities

Thomas Gibbons

3. Positive Protection for Speech and Substantive Political Equality

Jacob Rowbottom

4. The Access to Information Dimension of Positive Free Speech

Andrew Scott and Abbey Burke

5. Promoting Civic Discourse: A Form of Positive Free Speech under the Constitution of Ireland?

Eoin Carolan

6. The State of Affairs of Freedom: Implications of German Broadcasting Freedom

Andrew T. Kenyon