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Guy E Carmi

Selected Works

2012

Comparative Law

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"Dignitizing" Free Speech In Israel: The Impact Of The Constitutional Revolution On Free Speech Protection, Guy E. Carmi May 2012

"Dignitizing" Free Speech In Israel: The Impact Of The Constitutional Revolution On Free Speech Protection, Guy E. Carmi

Guy E Carmi

This Article examines the changes in the approach to the analysis of free speech rights in Israel. It demonstrates the growing shift from the American liberty-based influence in the 1980s to a more dignity-based, and principally Canadian- and German-inspired, model following the adoption of the partial Bill of Rights in the 1990s. This is demonstrated both by a statistical analysis of the Israeli Supreme Court free speech rulings in the past thirty years and by a substantive analysis of recent rulings in the areas of prior restraint, pornography, and libel.

The statistical findings demonstrate that while human dignity rarely played …