Democracy of Expression
Positive Free Speech and Law

Drawing from multiple scholarly fields, Kenyon examines free speech's positive dimensions of enablement and how they can be pursued.

Andrew T. Kenyon (Author)

9781108486163, Cambridge University Press

Hardback, published 17 June 2021

250 pages
15.5 x 23.5 x 2 cm, 0.57 kg

'Democracy of Expression provides a fascinating exploration of a positive conception of freedom of speech, using an impressively rich array of comparative sources not often available in English. A must read for media law and free speech scholars alike.' Adrienne Stone, Professor of Constitutional Law, University of Melbourne

Free 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.

Preface
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
Index.

Subject Areas: Freedom of expression law [LNDC4], Human rights & civil liberties law [LNDC], Comparative law [LAM], Freedom of information & freedom of speech [JPVH2], Comparative politics [JPB], Media studies [JFD]