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Importing The First Amendment

Overview

These Studies by a group of eminent academics and judges compare the different approaches of the British, European and American courts to the questions of free speech, which lie at the heart of much debate in constitutional law. The authors of these studies adopt opposing views, some favouring the pursuit of a US-inspired approach to protecting free speech, in the belief that the political culture of British society would be enhanced if our courts were to fashion our common law in accordance with many First ...
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Overview

These Studies by a group of eminent academics and judges compare the different approaches of the British, European and American courts to the questions of free speech, which lie at the heart of much debate in constitutional law. The authors of these studies adopt opposing views, some favouring the pursuit of a US-inspired approach to protecting free speech, in the belief that the political culture of British society would be enhanced if our courts were to fashion our common law in accordance with many First Amendment principles. Others, more sceptically, reject this embrace of US legal culture, offering distinctly "Ameri-sceptic" views and arguing for a solution based on common law principles and on the jurisprudence of the European courts.
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Product Details

  • ISBN-13: 9781901362282
  • Publisher: Hart Publishing (UK)
  • Publication date: 7/1/1998
  • Pages: 224
  • Product dimensions: 6.14 (w) x 9.21 (h) x 0.56 (d)

Table of Contents

Preface
Table of Cases
Table of Conventions and Treaties
Table of Legislation
Contributors
1 A Free Trade in Ideas - and Outcomes 1
2 The First Amendment: A Case for Import Controls? 23
3 The First Amendment and the Media 29
4 Of Free Speech and Individual Reputation: New York Times v. Sullivan in Canada and Australia 51
5 City of Chicago v Tribune Co - in Contexts 69
6 Political Activities of Public Servants and Freedom of Expression 99
7 Meiklejohn, the First Amendment, and Free Speech in English Law 123
8 Content Neutrality 139
9 "Federalism" and Free Speech - Accommodating Community Standards: the American Constitution and the European Convention on Human Rights 173
Index 197
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