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Mark Tushnet presents a concise yet comprehensive overview of free expression law, understood as a form of constitutional law. Confronting the major issues of free expression – speech critical of government, libel law, hate speech regulation, and the emerging challenges posed by new technologies – he evaluates the key questions and potential difficulties for future generations.
Contrasting the United States with current law in Europe and elsewhere, Tushnet argues that freedom of expression around the world should reflect deference to legislative judgements, unless those judgements reflect inadequate deliberation or bias, and that much of the existing free expression law is consistent with this view.
Key features include:
