Salje, Léa;
Simpson, Robert Mark;
(2024)
Composing Thoughts: Free Speech and the Importance of Thinking Aloud in Music and Images.
Legal Theory
pp. 1-22.
10.1017/S1352325224000077.
(In press).
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Abstract
Why should musical compositions and artistic images be included among the types of expression covered by free speech principles? One way to answer this question is to show how expression in nonverbal media can be functionally similar to other types of verbal expression. But this leaves us with an intuitively unsatisfying explanation of why free speech principles cover nonverbal creative expression that does not functionally emulate literal speech. In this article, as an alternative justification, we develop and defend the idea that musical and pictorial expression‚ much like literal speech, can be media through which people think aloud, as opposed to mere tools for the transmission of thought. We use this proposal to provide a more robust justification for including nonverbal creative expression in the scope of free speech coverage, and we outline some of the practical policy implications that come with adopting this justificatory strategy.
| Type: | Article |
|---|---|
| Title: | Composing Thoughts: Free Speech and the Importance of Thinking Aloud in Music and Images |
| Open access status: | An open access version is available from UCL Discovery |
| DOI: | 10.1017/S1352325224000077 |
| Publisher version: | https://doi.org/10.1017/S1352325224000077 |
| Language: | English |
| Additional information: | © The Author(s), 2024. Published by Cambridge University Press. This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0), which permits unrestricted re-use, distribution and reproduction, provided the original article is properly cit |
| UCL classification: | UCL UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Arts and Humanities UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Arts and Humanities > Dept of Philosophy |
| URI: | https://discovery.ucl.ac.uk/id/eprint/10200544 |
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