Balancing Rights and Responsibilities: Human Rights Jurisprudence on Regulating the Content of Speech

HUMAN RIGHTS: LIMITATIONS AND PROLIFERATION, p. 211, Peter Wahlgren, ed., 55 Scandinavian Studies in Law, 2010

GWU Legal Studies Research Paper No. 2013-49

GWU Law School Public Law Research Paper No. 2013-49

32 Pages Posted: 16 Mar 2013

See all articles by Dinah L. Shelton

Dinah L. Shelton

George Washington University - Law School

Date Written: 2010

Abstract

The right to freedom of expression is one of the essential attributes of a democratic society, linked to transparency in government, public participation in decision-making, and each person’s individual self-determination. This paper analyzes the key provisions of human rights instruments that concern the right to freedom of expression. The paper also evaluates the scope of freedom of expression rights by considering U.N. studies and reports and the jurisprudence of human rights bodies. The paper concludes that the law cannot fully resolve the tensions between the free exercise of expression and the protection of other’s rights, but the legal guarantees and limitations contained in human rights instruments are necessary to impose restraints that individuals are unwilling to impose on themselves.

Keywords: human rights jurisprudence, regulation of speech, content speech, democratic society, decision-making, freedom of expression, freedom of speech, United Nations, human rights

JEL Classification: K33, K19

Suggested Citation

Shelton, Dinah L., Balancing Rights and Responsibilities: Human Rights Jurisprudence on Regulating the Content of Speech (2010). HUMAN RIGHTS: LIMITATIONS AND PROLIFERATION, p. 211, Peter Wahlgren, ed., 55 Scandinavian Studies in Law, 2010, GWU Legal Studies Research Paper No. 2013-49, GWU Law School Public Law Research Paper No. 2013-49, Available at SSRN: https://ssrn.com/abstract=2234099

Dinah L. Shelton (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
(202) 994-9413 (Phone)

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