Denial Denied: Freedom of Speech

Free speech is a widely held principle. This is in some ways surprising, since formal and informal censorship of speech is widespread, and rather different issues seem to arise depending on whether the censorship concerns who speaks, what content is spoken or how it is spoken. I argue that despite t...

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Autor principal:	Glen Newey
Formato:	article
Lenguaje:	EN
Publicado:	Amsterdam Law Forum 2009
Materias:	Freedom of Speech Hate Speech Pornography Law K
Acceso en línea:	https://doaj.org/article/d2ab3d23201d482984f406265fa50dc2
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spelling	oai:doaj.org-article:d2ab3d23201d482984f406265fa50dc22021-12-02T02:36:16ZDenial Denied: Freedom of Speech1876-8156https://doaj.org/article/d2ab3d23201d482984f406265fa50dc22009-12-01T00:00:00Zhttp://ojs.ubvu.vu.nl/alf/article/view/109https://doaj.org/toc/1876-8156Free speech is a widely held principle. This is in some ways surprising, since formal and informal censorship of speech is widespread, and rather different issues seem to arise depending on whether the censorship concerns who speaks, what content is spoken or how it is spoken. I argue that despite these facts, free speech can indeed be seen as a unitary principle. On my analysis, the core of the free speech principle is the denial of the denial of speech, whether to a speaker, to a proposition, or to a mode of expression. Underlying free speech is the principle of freedom of association, according to which speech is both a precondition of future association (e.g. as a medium for negotiation) and a mode of association in its own right. I conclude by applying this account briefly to two contentious issues: hate speech and pornography.Glen NeweyAmsterdam Law ForumarticleFreedom of SpeechHate SpeechPornographyLawKENAmsterdam Law Forum, Vol 2, Iss 1, Pp 63-70 (2009)
institution	DOAJ
collection	DOAJ
language	EN
topic	Freedom of Speech Hate Speech Pornography Law K
spellingShingle	Freedom of Speech Hate Speech Pornography Law K Glen Newey Denial Denied: Freedom of Speech
description	Free speech is a widely held principle. This is in some ways surprising, since formal and informal censorship of speech is widespread, and rather different issues seem to arise depending on whether the censorship concerns who speaks, what content is spoken or how it is spoken. I argue that despite these facts, free speech can indeed be seen as a unitary principle. On my analysis, the core of the free speech principle is the denial of the denial of speech, whether to a speaker, to a proposition, or to a mode of expression. Underlying free speech is the principle of freedom of association, according to which speech is both a precondition of future association (e.g. as a medium for negotiation) and a mode of association in its own right. I conclude by applying this account briefly to two contentious issues: hate speech and pornography.
format	article
author	Glen Newey
author_facet	Glen Newey
author_sort	Glen Newey
title	Denial Denied: Freedom of Speech
title_short	Denial Denied: Freedom of Speech
title_full	Denial Denied: Freedom of Speech
title_fullStr	Denial Denied: Freedom of Speech
title_full_unstemmed	Denial Denied: Freedom of Speech
title_sort	denial denied: freedom of speech
publisher	Amsterdam Law Forum
publishDate	2009
url	https://doaj.org/article/d2ab3d23201d482984f406265fa50dc2
work_keys_str_mv	AT glennewey denialdeniedfreedomofspeech
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Denial Denied: Freedom of Speech

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