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Full-Text Articles in Comparative and Foreign Law
Increasing International Legal Protections For Freedom Of Expression, Alan Wehbé
Increasing International Legal Protections For Freedom Of Expression, Alan Wehbé
Notre Dame Journal of International & Comparative Law
The international community seems to largely agree on the fundamental nature of the freedom of expression. Even countries that do not seem, in practice, to respect the freedom of expression still tend to ratify, sign, or be party to international instruments to that end. This duality tends to simplify the legal argument, but complicate the actual practice for promoting freedom of expression worldwide. For those who agree that the United States is a leader in international affairs, shift towards a more definitive State practice reinforcing the freedom of expression is an easy sell. For those who dispute whether the United …
Free Speech And The Case For Constitutional Exceptionalism, Roger P. Alford
Free Speech And The Case For Constitutional Exceptionalism, Roger P. Alford
Journal Articles
Embodied in the Universal Declaration of Human Rights is the evocative proposition that [e]veryone has the right to freedom of opinion and expression. But beneath that level of abstraction there is anything but universal agreement. Modern democratic societies disagree on the text, content, theory, and practice of this liberty. They disagree on whether it is a privileged right or a subordinate value. They disagree on what constitutes speech and which speech is worthy of protection. They disagree on theoretical foundations, uncertain if the right is grounded in libertarian impulses, the promotion of a marketplace of ideas, or the advancement of …