Book Chapter

Positive Free Speech: A Democratic Freedom

Andrew Kenyon

The Oxford handbook of Freedom of Expression | Oxford University Press | Published : 2021

Abstract

This chapter explores the positive structural dimensions of the freedom of speech by using a democratic free speech rationale. While far from the only aspect of positive free speech, it offers a useful example of the freedom’s positive dimensions. The chapter focuses on legal conditions underlying public speech and their links to democratic constitutional arrangements. It outlines the general approach before drawing brief comparisons with two well-known US approaches to free speech and media freedom. The chapter then highlights two of the multiple ways in which ‘positive’ can be used in relation to free speech. Positive may concern positive freedom, the idea that freedom is not only a negati..

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University of Melbourne Researchers