Monday, 5 January 2009

Seminar 1: General Issues

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. 


  • 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 (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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