A jurisprudential analysis for the scope of freedom of expression
Topic: A jurisprudential analysis for the scope of freedom of expression
Presenter: Twana Hassan - PhD Candidate, TC Beirne School of Law
This research is a jurisprudential analysis for the scope of freedom of expression. It supposes that delimiting freedom of expression requires the conceptualisation of its foundational concepts which are freedom, right, justice and law. Through analysing freedom and its foundation, right and its sources, justice and its principles, and the law with its purposes, the research establishes the following thesis: "freedom of expression is a form of freedom. Its limitation should only be based on justice. The limit should be within the scope of other-oriented negative duty, and be consistent with the preservation of natural entitlement of freedom. Thus, the only legitimate limitation to freedom of expression, based on justice, seems to be the prevention of unjustified harm to others' freedom and rights. Harm is unjustified only (1) if it is actual, direct, unavoidable, objectively unreasonable, inconsistent with freedom, and (2) if the harmed freedom or right is, at least, equal in its intrinsic value to freedom of expression."
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