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1 results

  • The Free Speech Principle: A Topography

  • Alexander Brown
  • Journal:
    Canadian Journal of Law & Jurisprudence , First View
    Published online by Cambridge University Press:
    21 November 2024, pp. 1-39
    • Article
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  • This paper argues that what scholars call ‘the free speech principle’ is not one principle but a slew of principles, and that these principles harbour several important differences that have remained largely unremarked upon, namely: (i) extending vs. limiting principles; (ii) comparative vs. non-comparative principles; and (iii) monistic vs. pluralistic principles. The paper also critically assesses certain generalisations that people might be tempted to make about these different principles, such as that one kind of free speech principle is harder to defend than another. Finally, the paper teases out the practical as well as theoretical implications of these insights, including degrees of complexity, the logical relationship between free speech principles and free speech policy dilemmas, and the virtue of compromise over free speech principles.