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Free Speech in the Balance

ISBN13: 9781108439268
To be Published: July 2022
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2020)
Price: £22.99
Hardback edition , ISBN13 9781108424004

Free Speech in the Balance is the first comprehensive study of proportional analysis in free speech theory. This book challenges the US Supreme Court's categorical approach and explains the importance of understanding the breadth of concerns arising from regulations directly and indirectly impacting expression. The author provides in-depth analysis of some of the important social and political principles governing topics of vital concern, including campaign financing, university speech codes, secondary school rules, incitement, and threats. This book should be read by students and scholars of free speech theory and anyone interested in learning more about the history of existing law, the issues of current importance, and trends in expressive significance.

  • Provides a deep and comprehensive study of free speech
  • Establishes an original theory that is robust enough for understanding, analyzing, and developing comprehensive analysis of complex free speech issues
  • Critiques and analyzes U.S. free speech doctrine

Other Jurisdictions , USA
Part I. Theory:
1. Formalism and Categorical Doctrine
2. Dominant Academic Approaches to Free Speech: Strengths and Shortcomings
3. Free Speech and Proportionality
4. Civic Community and Social Context
Part II. Application:
5. US formalism and EU proportionality alternative
6. Offense, Incitement, True Threats, and Hate Speech
7. Terrorist Incitement on the Internet
8. First Amendment on Campus
9. High Schooler Speech in the Age of the Internet
10. On the Campaign Trail: Money and Politics