Free Speech in the Balance

A comprehensive study of proportional analysis in free speech theory, this book challenges US Supreme Court's categorical approach and helps readers understand the breadth of concerns arising from regulations impacting expression.

Alexander Tsesis (Author)

9781108424004, Cambridge University Press

Hardback, published 12 November 2020

225 pages
24 x 16 x 2 cm, 0.6 kg

'Tsesis has written an important book whose central thesis can be summarized by one of his own sentences: 'Context matters.' He attacks so-called 'categorical' approaches to freedom of speech, adopted by the ACLU and the current conservative majority of the Supreme Court alike, that tend to ignore the concrete realities of the cases before them. One need not agree with all of his arguments in order to recognize them as a valuable intervention in a significant public debate about when, if at all, the 'market' of speech should be subject to regulation.' Sanford Levinson, University of Texas Law School, and co-author, with Cynthia Levinson, of Fault Lines in the Constitution

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.

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
Conclusion
References
Index.

Subject Areas: Constitutional & administrative law [LND], Law & society [LAQ], Systems of law [LAF], Jurisprudence & philosophy of law [LAB], Law [L]