III The Scope of Freedom of Speech

Eric Barendt

in Freedom of Speech

Second edition

Published in print March 2007 | ISBN: 9780199225811
III The Scope of Freedom of Speech

More Like This

Show all results sharing these subjects:

  • Constitutional and Administrative Law
  • Law


Show Summary Details


This chapter examines the scope of the freedom of speech, that is, whether the freedom requires recognition of some positive rights to speak or of access to information, or whether it necessarily confers only immunities from state bans and other restrictions. Some hard cases for the application of a free speech provision are considered. One important issue concerns the regulation of election expenditure: should such regulation be regarded as a limit on the spending of money or on the dissemination of political speech? Other issues are whether freedom of speech covers a right not to speak and, more controversially, a right to exclude others from joining a parade or association engaged in speech. One issue is relatively clear: language rights are covered by freedom of speech. The chapter also discusses general arguments concerning the recognition of positive free speech rights; freedom of information; and whether freedom of speech limits government discretion in allocating grants, for example, by providing subsidies for the arts or research.

Chapter.  43 pages.  22500 words. 

Subjects: Constitutional and Administrative Law ; Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.