Freedom of Expression: Justifications and Restrictions
Hebrew University of Jerusalem – Faculty of Law
January 15, 2009
Jerusalem: Israel Democracy Institute, 2008
"Freedom of expression" is a complex notion that reflects various considerations and raises many questions related to their content and interaction. This paper is an abstract of a book that considers general aspects regarding the justification and the limits of freedom of expression and analyzes exiting law in light of this normative discussion. Particularly, it considers the way to determine the proper scope of freedom of expression; first-order and second-order considerations in favor and against freedom of expression, both in general and regarding central specific kinds of expressions; and possible ways to normatively regulate the field of expressions - in particular to restrict expressions, primarily by law - and specifically the common view that subsequent punishment for an expression is generally preferable to prior restraint of an expression.
Number of Pages in PDF File: 9
Keywords: Freedom of Expression, Freedom of Speech, Prior Restraint, Subsequent Punishment
JEL Classification: K10, K30
Date posted: February 21, 2009
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