Jump to ContentJump to Main Navigation
Freedom of Speech$
Users without a subscription are not able to see the full content.

Eric Barendt

Print publication date: 2007

Print ISBN-13: 9780199225811

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199225811.001.0001

The Scope of Freedom of Speech

Chapter:
(p.74) III The Scope of Freedom of Speech
Source:
Freedom of Speech
Author(s):

ERIC BARENDT

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199225811.003.0003

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.

Keywords:   freedom of speech, immunities, language rights, access to information, government subsidies, money, corporate speech, sexually explicit conduct, flag desecration

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .

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