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2007

Comparative Law

SelectedWorks

Guy E Carmi

Articles 1 - 1 of 1

Full-Text Articles in Law

Dignity - The Enemy From Within: A Theoretical And Comparative Analysis Of Human Dignity As A Free Speech Justification, Guy E. Carmi May 2007

Dignity - The Enemy From Within: A Theoretical And Comparative Analysis Of Human Dignity As A Free Speech Justification, Guy E. Carmi

Guy E Carmi

This Article challenges the use of human dignity as an independent free speech justification. The articulation of free speech in human dignity terms carries unwarranted potential consequences that may result in limiting free speech rather than protecting it. This possible outcome makes human dignity inadequate as a free speech justification.

This Article also demonstrates why articulations of the rationales behind the argument from dignity are either superfluous, since they are aptly covered by the argument from autonomy, or simply too broad and speech-restrictive to be considered free speech justifications. As a matter of principle, the nexus between freedom of speech …