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Democracy of Expression: Positive Free Speech and Law

ISBN13: 9781108486163
Published: June 2021
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £84.99
Paperback edition , ISBN13 9781108731898

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ree speech has positive dimensions of enablement and negative dimensions of non-restraint, both of which require protection for democracy to have substantial communicative legitimacy. In Democracy of Expression, Andrew Kenyon explores this need for sustained plural public speech linked with positive communicative freedom. Drawing on sources from media studies, human rights, political theory, free speech theory and case law, Kenyon shows how positive dimensions of free speech could be imagined and pursued. While recognising that democratic governments face challenges of public communication and free speech that cannot be easily solved, Kenyon argues that understanding the nature of these challenges (including the value of positive free speech) at least makes possible a democracy of expression in which society has a voice, formulates judgments, and makes effective claims of government. In this groundbreaking work, Kenyon not only reframes how we conceptualize free speech, but also provides a roadmap for reform.

Human Rights and Civil Liberties
1. Introduction
2. Positive Free Speech from Media Studies and Law
3. Positive Free Speech and Democracy
4. Positive Human Rights and Political Freedom
5. US Legal Writing on Positive Free Speech
6. German Broadcasting Freedom
7. French Freedom of Communication and Pluralism
8. Framing Communicative Freedom