Centre for Communication Governance at NLU delhi
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Theoretical Foundations

Alexander Meiklejohn, Free Speech and its Relation to Self-Government, 1948 [restricted access]

Discussing the relationship between the right to free speech and democracy.

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Joel Feinberg, Offense to Others (1985) [restricted access]

This book mounts a criticism of the Millian defense of freedom of expression and the underlying harm principle and provides for an alternate paradigm in the “offense principle”. Discussions are based around US First Amendment precedent.

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Vincent Blasi, The Checking Value in First Amendment Theory (1977) American Bar Foundation Research Journal Volume 2 No. 3 [restricted access]

Blasi provides, in the context of the US First Amendment, the canonical iteration the notion that free speech performs the function of checking governmental abuse of power, and discusses its utility as a consideration in adjudication on free speech issues.

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Frederick Schauer, Fear, Risk and the First Amendment: Unravelling the Chilling Effect (1978) [open access]

This article unpacks and explains the chilling effect and discusses how uncertainty generally and the chilling effect will affect how various classes of speech are treated.

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Richard Posner, Free Speech in an Economic Perspective (1986) Suffolk University Law Review Vol. 20 No. 1 [open access]

Posner offers an economic model by which to evaluate the costs and benefits of regulation in speech cases.

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Melville Nimmer, Is Freedom of the Press A Redundancy: What Does it Add to Freedom of Speech? (1975) Hastings Law Journal Vol. 26 Issue 3 [open access]

Nimmer argues that the existence of both a speech and a press clause suggests that a speech-press duality was intended under the First Amendment. He discusses precedent at the US Supreme Court which make apparent and engage with the distinction.

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Martin H. Redish, The Value of Free Speech (1982) University of Pennsylvania Law Review Vol. 130 No. 3 [restricted access]

The article can be downloaded from JSTOR. However, it requires a paid subscription.

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Kent Greenawalt, Free Speech Justifications (1989) Columbia Law Review Vol. 89 No. 1 [restricted access]

The article can be downloaded from JSTOR. However, it requires a paid subscription.

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R.H. Coase, The Market for Goods and the Market for Ideas (1974) The American Economic Review Vol. 64 No. 2 [restricted access]

The article can be downloaded from JSTOR. However, it requires a paid subscription.

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