Before considering any substantive legal issues, we need to address some general issues. We look at freedom of expression, what it might mean at a theoretical level and why it is perceived as important.
Questions:
- What are the rationales behind Freedom of Expression?
- How is Freedom of Expression guaranteed nationally and internationally?
- What are the main rationales behind Media Law, Policy and Regulation?
- Are these the same for all channels of communications?
- What are the main differences in approaches to regulation of expression between the US and countries of the EU?
Essential Reading:
Barendt, E., Freedom of Speech (Oxford University Press, 1985) (especially Chapters 1 and 3) 2nd Edition Oxford University Press 2005.
Tambini, D., Leonardi, D. and Marsden C. Codifying Cyberspace, Routledge, London, 2008. (chapter 11).
Also read one of the following:
Goldberg et al (eds), Regulating the Changing Media: A Comparative Study (1998 Clarendon)
Joseph, Schultz and Castan The International Covenant on Civil and Political Rights: cases, materials, and commentary (2nd ed) (Oxford University Press, 2004)
Loveland, I., (ed) Importing the First Amendment (1998, Hart Publishing)
Schauer, F., Free Speech: A Philosophical Inquiry (University of Cambridge Press, 1982)
Sunstein, C. R. Why Societies Need Dissent (Harvard University Press). London 2003.
Sunstein, C.R Republic.com (Princeton University Press, Princeton (2001).
Fowler and Brenner (1982) A Marketplace Approach to Regulation Texas Law Review 60:207 p.209
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