Freedom of Speech

by E.M.Barendt (Author)

• Used

  Paperback
  1987

  $3.46

  This book discusses the legal protection of speech in the UK, the USA, Germany and under the European Convention on Human Rights. The author contends that the meaning and scope of freedom of speech can only be properly understood against the background of the moral and political arguments for the protection of freedom of speech and its incorporation in constitutions. On this basis, he analyses the case law in the light of fundamental free speech principles. He also considers the types of expression and conduct which should be treated as 'speech' for the purpose of a free speech clause, and whether freedom of speech requires the recognition of rights of access to the media or to hold meetings on public premises. The book also examines the restrictions imposed on speech by laws of libel, obscenity and contempts of court, and is critical of the current state of English law, which compares unfavourably with the position in some other countries.

• New

  Paperback
  2007

  $69.95

  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.