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Thoughts on a Thinker-Based Approach to Freedom Of Speech

Barendt, E; (2019) Thoughts on a Thinker-Based Approach to Freedom Of Speech. Law and Philosophy 10.1007/s10982-019-09343-9. (In press). Green open access

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Abstract

While agreeing with Seana Shiffrin that any free speech theory must depend on assumptions about our need for free thinking, I am sceptical about her claim that her thinker-based approach provides the best explanation for freedom of speech. Her argument has some similarities with Mill’s argument from truth and with self-development theories, though it improves on the latter. But the thinker-based approach does not show why political discourse, broadly construed, is protected more strongly in all jurisdictions than gossip and sexually explicit speech. Nor does it explain why the ‘mass’ speech of corporations and the mailings of political parties and charities are fully protected by provisions such as the First Amendment. My article concludes with some reflections on the relationship of abstract political theory such as Shiffrin’s to constitutional law; abstract theory must inevitably make some compromises if it is fully to explain constitutional jurisprudence.

Type: Article
Title: Thoughts on a Thinker-Based Approach to Freedom Of Speech
Open access status: An open access version is available from UCL Discovery
DOI: 10.1007/s10982-019-09343-9
Publisher version: https://doi.org/10.1007/s10982-019-09343-9
Language: English
Additional information: This article is distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license, and indicate if changes were made.
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10073513
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