The First Amendment in Cross-Cultural Perspective: A Comparative Legal Analysis of the Freedom of Speech(Critical America)

About the Book

The First Amendment --and its guarantee of free speech for all Americans--has been at the center of scholarly and public debate since the birth of the Constitution, and the fervor in which intellectuals, politicians, and ordinary citizens approach the topic shows no sign of abating as the legal boundaries and definitions of free speech are continually evolving and facing new challenges. Such discussions have generally remained within the boundaries of the U.S. Constitution and its American context, but consideration of free speech in other industrial democracies can offer valuable insights into the relationship between free speech and democracy on a larger and more global scale, thereby shedding new light on some unexamined (and untested) assumptions that underlie U.S. free speech doctrine.Ronald Krotoszynski compares the First Amendment with free speech law in Japan, Canada, Germany, and the United Kingdom--countries that are all considered modern democracies but have radically different understandings of what constitutes free speech. Challenging the popular--and largely American--assertion that free speech is inherently necessary for democracy to thrive, Krotoszynski contends that it is very difficult to speak of free speech in universalist terms when the concept is examined from a framework of comparative law that takes cultural difference into full account.

Table of Contents:
Acknowledgments Preface 1 Comparative Law, Free Speech, and the "Central Meaning" of the First Amendment 2 Freedom of Speech in the United States 3 Free Speech in Canada: Balancing Free Speech and a Commitment to Communitarian Values 4 Free Speech in Germany: Militant Democracy and the Primacy of Dignity as a Preferred Constitutional Value 5 Freedom of Speech in Japan: Disentangling Culture,Community, and Freedom of Expression 6 Freedom of Expression in the United Kingdom: Free Speech and the Limits of a Written Constitution 7 Free Speech and the Culturally Contingent Nature of Human Rights: Some Concluding Observations Notes Index About the Author

About the Author :

Ronald J. Krotoszynski, Jr., is the John S. Stone Chair, Director of Faculty Research, and Professor of Law at the University of Alabama School of Law. He is co-author of Administrative Law.

Review :
"The uniquely American sense of freedom that makes the First Amendment so beloved and so respected in its homeland is precisely what makes it a difficult model for constitutional protection of expression in other political systems. In this survey of free speech policies in Canada, Germany, Japan, and the United Kingdom, Krotosyznski introduces American students and scholars of constitutional law to a diverse range of culturally contingent approaches to protecting the freedom of expression in other industrialized countries... As Krotosyznski's fascinating project demonstrates, comparative constitutional analysis challenges us as Americans to examine critically the cultural assumptions underlying our legal system." --Jim Chen, University of Minnesota Law School"There are very few scholars who are willing to read as widely in the law of the world as Krotoszynski, and very few who are capable of forming such confident and intelligent judgments." --James Whitman, Yale Law School "For better or worse recent Supreme Court jurisprudence evidences a growing struggle over whether and, if so, how to address foreign court decisions. Ronald Krotoszynski's first-rate analysis of the comparative dimension of free speech issues could not be more timely. Not only does his work shed important light on free speech, but it informs as well." --Michael Heise, Cornell Law School "Krotoszynski has produced one of the best examples of the growing literature on comparative public law. His analysis of free speech law in four modern democracies is distinctive in that it goes beyond merely describing the rules governing expression in those countries to address the deeper differences in cultural attitudes that explain the disparate legal outcomes. His sophisticated treatment of the intersecting lines of theory, doctrine, and culture makes this the most thorough and compelling assessment of comparative free speech law on the market today." --Steven G. Gey, David and Deborah Fonvielle & Donald and Janet Hinkle Professor of Law, Florida State University College of Law"An important contribution in support of constitutional exceptionalism... The great gift of Krotoszynski's book is to turn our attention to a knottier subject on which there is far less consensus." -Michigan Law Review "Krotoszynski's conclusions are revealing and forcefully presented. This is especially so when they are based on the author's sophisticated and copiously documented comparison of the US with four advanced legal systems committed to participatory politics. The book undoubtedly challenges many of us who smugly accept American "exceptionalism" in freedom of speech and the press...Krotoszynski helps us appreciate the value of comparative free speech with a new, penetrating perspective." --The Law and Politics Book Review