Description
Free Speech as Civic Structure:A Comparative Analysis of How Courts and Culture Shape the Freedom of Speech examines and explains the limited relevance of constitutional text to the scope and vibrancy of free speech rights within a particular national legal system. Across jurisdictions, text or its absence will serve merely as a starting point for judicial efforts to protect speech activity. These judicial efforts, involving an ongoing and dynamic process of common law constitutionalism, will set the precise metes and bounds of expressive freedom within a particular polity. In the United States, the contemporary Supreme Court largely ignores the actual text of the First Amendment in "First Amendment" cases. Moreover, this pattern repeats elsewhere - including Australia, Israel, South Africa, and the United Kingdom. Judges in systems with relevant constitutional text (the United States and South Africa), as well as relevant statutory text (the United Kingdom), will often disregard the precise articulation of the right in favor of deploying a dynamic common law approach to protect speech from self-interested politicians who seek to distort the process of democratic deliberation. Judges also take the laboring oar in countries that lack a written free speech guarantee (Australia) or even a formal constitution as such (Israel). The strength or weakness of free speech protections depends critically on the willingness and ability of judges to police government efforts to censor speech - in conjunction with the salience of speech as a socio-legal value within the body politic. Thus, a legal system featuring independent courts, ideally vested with a power of judicial review, but that lacks a written free speech guarantee will likely feature broader protection of the freedom of expression than a legal system with a written guarantee that lacks independent courts. Across jurisdictions, text or its absence invariably serves as, at best, as a starting point for judicial efforts to protect speech. Judges, engaged in a common law enterprise, matter far more than text and common law constitutionalism constitutes the global rule rather than the exception.
About the Author
Ronald J. Krotoszynski, Jr. is the John S. Stone Chair, Director of the Program in Constitutional Studies & Initiative for Civic Engagement , and Professor of Law at the University of Alabama School of Law. His teaching and research focus on constitutional law, First Amendment law, administrative law, telecommunications law, and comparative constitutional law. Professor Krotoszynski frequently writes and lectures on topics related to freedom of expression and how law and culture inform speech and law - particularly from a comparative law perspective. He is the author of numerous law review articles and several books, including The Disappearing First Amendment (2019), Privacy Revisited (2016), and The First Amendment in Cross-Cultural Perspective (2006).
Reviews
This is an exceptional learned and thoughtful book. Krotoszynski leaves no doubt that that our comparative constitutional law of free speech is too impoverished to make sense of the realities in the globe, where law is created by judges." - James Q. Whitman, Ford Foundation Professor of Comparative and Foreign Law, Yale Law School
In Free Speech as Civic Structure, Professor Ronald Krotoszynski has once again delivered an ambitious and innovative analysis of the norms and institutions governing speech regulations across continents and cultures. Krotoszynski incisively explains how judicial rulings dictate the scope of speech freedoms to a far greater degree than core constitutional and legislative text would indicate. His insightful observations across multiple countries are compelling national case studies, and collectively offer a novel framework for how judges and scholars understand the regulation of speech." - Charlotte Garden, Julius E. Davis Professor of Law, University of Minnesota Law School
How much does it matter that a constitution has or doesn't have a provision saying that the constitution protects freedom of expression? Professor Krotoszynski's impressive comparative study answers, "Some, but much less than you might think." Detailed studies of constitutional provisions (or their absence) and case law in the United States, South Africa, the United Kingdom, Australia, and Israel show that judicial attitudes toward representative democracy and embedded social and legal cultures are more important than constitutional texts in defining the contours of freedom of expression. A valuable and careful comparative study that scholars of free expression, comparative constitutional law, and interpretive methods will all profit from reading." - Mark Tushnet, William Nelson Cromwell Professor of Law Emeritus, Harvard Law School
Professor Krotoszynski has written a brilliant book about how free speech is protected across the world. Looking at several countries, he shows that ultimately the protection of expression depends on the judges far more than the text of a constitution. Beautifully written and meticulously researched, Professor Krotoszynski's analysis provides crucial insights as to how a society can ensure freedom of speech." - Erwin Chemerinsky, Dean & Jesse H. Choper Distinguished Professor of Law, Berkeley Law School
The great 20th century jurist Learned Hand famously opined that "liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can even do much to help it. While it lies there it needs no constitution, no law, no court to save it." Ronald Krotoszynski's Free Speech as Civic Structure partly challenges and partly confirms Hand's observation. Krotoszynski takes readers on a remarkable tour of common law jurisdictions around the globe. He finds that judges play a critical role in protecting and defining the reach of free expression, bounded by the views of the culture in which they work-that is, by what lies in the hearts of men and women. This thoroughly researched and carefully argued book convincingly demonstrates that codification in a national constitution is neither a necessary nor sufficient condition for robust protection of free expression." - Michael C. Dorf, Robert S. Stevens Professor of Law, Cornell Law School
This is an exceptional learned and thoughtful book. Krotoszynski leaves no doubt that that our comparative constitutional law of free speech is too impoverished to make sense of the realities in the globe, where law is created by judges. * James Q. Whitman, Ford Foundation Professor of Comparative and Foreign Law, Yale Law School *
In Free Speech as Civic Structure, Professor Ronald Krotoszynski has once again delivered an ambitious and innovative analysis of the norms and institutions governing speech regulations across continents and cultures. Krotoszynski incisively explains how judicial rulings dictate the scope of speech freedoms to a far greater degree than core constitutional and legislative text would indicate. His insightful observations across multiple countries are compelling national case studies, and collectively offer a novel framework for how judges and scholars understand the regulation of speech. * Charlotte Garden, Julius E. Davis Professor of Law, University of Minnesota Law School *
How much does it matter that a constitution has or doesn't have a provision saying that the constitution protects freedom of expression? Professor Krotoszynski's impressive comparative study answers, "Some, but much less than you might think." Detailed studies of constitutional provisions (or their absence) and case law in the United States, South Africa, the United Kingdom, Australia, and Israel show that judicial attitudes toward representative democracy and embedded social and legal cultures are more important than constitutional texts in defining the contours of freedom of expression. A valuable and careful comparative study that scholars of free expression, comparative constitutional law, and interpretive methods will all profit from reading. * Mark Tushnet, William Nelson Cromwell Professor of Law Emeritus, Harvard Law School *
Professor Krotoszynski has written a brilliant book about how free speech is protected across the world. Looking at several countries, he shows that ultimately the protection of expression depends on the judges far more than the text of a constitution. Beautifully written and meticulously researched, Professor Krotoszynski's analysis provides crucial insights as to how a society can ensure freedom of speech. * Erwin Chemerinsky, Dean & Jesse H. Choper Distin guished Professor of Law, Berkeley Law School *
The great 20th century jurist Learned Hand famously opined that "liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can even do much to help it. While it lies there it needs no constitution, no law, no court to save it." This book partly challenges and partly confirms Hand's observation. Krotoszynski takes readers on a remarkable tour of common law jurisdictions around the globe. He finds that judges play a critical role in protecting and defining the reach of free expression, bounded by the views of the culture in which they work -that is, by what lies in the hearts of men and women. This book convincingly demonstrates that codification in a national constitution is neither a necessary nor sufficient condition for robust protection of free expression. * Michael C. Dorf, Robert S. Stevens Professor of Law, Cornell Law School *
Awards
Winner of 'Nominated for the 2024 Book of the Year Prize, awarded by the International Forum on the Future of Constitutionalism'.
Book Information
ISBN 9780197662199
Author Ronald J. Krotoszynski, Jr.
Format Hardback
Page Count 328
Imprint Oxford University Press Inc
Publisher Oxford University Press Inc
Weight(grams) 612g
Dimensions(mm) 226mm * 152mm * 28mm
About the Author
Ronald J. Krotoszynski, Jr. is the John S. Stone Chair, Director of the Program in Constitutional Studies & Initiative for Civic Engagement , and Professor of Law at the University of Alabama School of Law. His teaching and research focus on constitutional law, First Amendment law, administrative law, telecommunications law, and comparative constitutional law. Professor Krotoszynski frequently writes and lectures on topics related to freedom of expression and how law and culture inform speech and law - particularly from a comparative law perspective. He is the author of numerous law review articles and several books, including The Disappearing First Amendment (2019), Privacy Revisited (2016), and The First Amendment in Cross-Cultural Perspective (2006).
Reviews
This is an exceptional learned and thoughtful book. Krotoszynski leaves no doubt that that our comparative constitutional law of free speech is too impoverished to make sense of the realities in the globe, where law is created by judges." - James Q. Whitman, Ford Foundation Professor of Comparative and Foreign Law, Yale Law School
In Free Speech as Civic Structure, Professor Ronald Krotoszynski has once again delivered an ambitious and innovative analysis of the norms and institutions governing speech regulations across continents and cultures. Krotoszynski incisively explains how judicial rulings dictate the scope of speech freedoms to a far greater degree than core constitutional and legislative text would indicate. His insightful observations across multiple countries are compelling national case studies, and collectively offer a novel framework for how judges and scholars understand the regulation of speech." - Charlotte Garden, Julius E. Davis Professor of Law, University of Minnesota Law School
How much does it matter that a constitution has or doesn't have a provision saying that the constitution protects freedom of expression? Professor Krotoszynski's impressive comparative study answers, "Some, but much less than you might think." Detailed studies of constitutional provisions (or their absence) and case law in the United States, South Africa, the United Kingdom, Australia, and Israel show that judicial attitudes toward representative democracy and embedded social and legal cultures are more important than constitutional texts in defining the contours of freedom of expression. A valuable and careful comparative study that scholars of free expression, comparative constitutional law, and interpretive methods will all profit from reading." - Mark Tushnet, William Nelson Cromwell Professor of Law Emeritus, Harvard Law School
Professor Krotoszynski has written a brilliant book about how free speech is protected across the world. Looking at several countries, he shows that ultimately the protection of expression depends on the judges far more than the text of a constitution. Beautifully written and meticulously researched, Professor Krotoszynski's analysis provides crucial insights as to how a society can ensure freedom of speech." - Erwin Chemerinsky, Dean & Jesse H. Choper Distinguished Professor of Law, Berkeley Law School
The great 20th century jurist Learned Hand famously opined that "liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can even do much to help it. While it lies there it needs no constitution, no law, no court to save it." Ronald Krotoszynski's Free Speech as Civic Structure partly challenges and partly confirms Hand's observation. Krotoszynski takes readers on a remarkable tour of common law jurisdictions around the globe. He finds that judges play a critical role in protecting and defining the reach of free expression, bounded by the views of the culture in which they work-that is, by what lies in the hearts of men and women. This thoroughly researched and carefully argued book convincingly demonstrates that codification in a national constitution is neither a necessary nor sufficient condition for robust protection of free expression." - Michael C. Dorf, Robert S. Stevens Professor of Law, Cornell Law School
This is an exceptional learned and thoughtful book. Krotoszynski leaves no doubt that that our comparative constitutional law of free speech is too impoverished to make sense of the realities in the globe, where law is created by judges. * James Q. Whitman, Ford Foundation Professor of Comparative and Foreign Law, Yale Law School *
In Free Speech as Civic Structure, Professor Ronald Krotoszynski has once again delivered an ambitious and innovative analysis of the norms and institutions governing speech regulations across continents and cultures. Krotoszynski incisively explains how judicial rulings dictate the scope of speech freedoms to a far greater degree than core constitutional and legislative text would indicate. His insightful observations across multiple countries are compelling national case studies, and collectively offer a novel framework for how judges and scholars understand the regulation of speech. * Charlotte Garden, Julius E. Davis Professor of Law, University of Minnesota Law School *
How much does it matter that a constitution has or doesn't have a provision saying that the constitution protects freedom of expression? Professor Krotoszynski's impressive comparative study answers, "Some, but much less than you might think." Detailed studies of constitutional provisions (or their absence) and case law in the United States, South Africa, the United Kingdom, Australia, and Israel show that judicial attitudes toward representative democracy and embedded social and legal cultures are more important than constitutional texts in defining the contours of freedom of expression. A valuable and careful comparative study that scholars of free expression, comparative constitutional law, and interpretive methods will all profit from reading. * Mark Tushnet, William Nelson Cromwell Professor of Law Emeritus, Harvard Law School *
Professor Krotoszynski has written a brilliant book about how free speech is protected across the world. Looking at several countries, he shows that ultimately the protection of expression depends on the judges far more than the text of a constitution. Beautifully written and meticulously researched, Professor Krotoszynski's analysis provides crucial insights as to how a society can ensure freedom of speech. * Erwin Chemerinsky, Dean & Jesse H. Choper Distin guished Professor of Law, Berkeley Law School *
The great 20th century jurist Learned Hand famously opined that "liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can even do much to help it. While it lies there it needs no constitution, no law, no court to save it." This book partly challenges and partly confirms Hand's observation. Krotoszynski takes readers on a remarkable tour of common law jurisdictions around the globe. He finds that judges play a critical role in protecting and defining the reach of free expression, bounded by the views of the culture in which they work -that is, by what lies in the hearts of men and women. This book convincingly demonstrates that codification in a national constitution is neither a necessary nor sufficient condition for robust protection of free expression. * Michael C. Dorf, Robert S. Stevens Professor of Law, Cornell Law School *
Awards
Winner of 'Nominated for the 2024 Book of the Year Prize, awarded by the International Forum on the Future of Constitutionalism'.
Book Information
ISBN 9780197662199
Author Ronald J. Krotoszynski, Jr.
Format Hardback
Page Count 328
Imprint Oxford University Press Inc
Publisher Oxford University Press Inc
Weight(grams) 612g
Dimensions(mm) 226mm * 152mm * 28mm
