The free speech principle: A topography

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Brown, Alexander (2025) The free speech principle: A topography. Canadian Journal of Law and Jurisprudence, 38 (1). pp. 29-67. ISSN 0841-8209

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Abstract

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.

Item Type:	Article
Uncontrolled Keywords:	compromise,free speech,hate speech,normative principles,law ,/dk/atira/pure/subjectarea/asjc/3300/3308
Faculty \ School:	Faculty of Arts and Humanities > School of Politics, Philosophy and Area Studies
UEA Research Groups:	Faculty of Arts and Humanities > Research Groups > Policy & Politics Faculty of Arts and Humanities > Research Groups > Political, Social and International Studies
Related URLs:	http://www.scopus.com/inward/record.url?...
Depositing User:	LivePure Connector
Date Deposited:	27 Nov 2024 10:46
Last Modified:	13 Jun 2025 13:30
URI:	https://ueaeprints.uea.ac.uk/id/eprint/97779
DOI:	10.1017/cjlj.2024.20

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