Democracy of Expression: Positive Free Speech and Law

Free speech has positive dimensions of enablement and negative dimensions of non-restraint, both of which require protection for democracy to have substantial communicative legitimacy. In Democracy of Expression, Andrew Kenyon explores this need for sustained plural public speech linked with positive communicative freedom. Drawing on sources from media studies, human rights, political theory, free speech theory and case law, Kenyon shows how positive dimensions of free speech could be imagined and pursued. While recognising that democratic governments face challenges of public communication and free speech that cannot be easily solved, Kenyon argues that understanding the nature of these challenges (including the value of positive free speech) at least makes possible a democracy of expression in which society has a voice, formulates judgments, and makes effective claims of government. In this groundbreaking work, Kenyon not only reframes how we conceptualize free speech, but also provides a roadmap for reform.

Table of Contents:
Preface; 1. Introduction; 2. Positive Free Speech from Media Studies and Law; 3. Positive Free Speech and Democracy; 4. Positive Human Rights and Political Freedom; 5. US Legal Writing on Positive Free Speech; 6. German Broadcasting Freedom; 7. French Freedom of Communication and Pluralism; 8. Framing Communicative Freedom; Index.

About the Author :
Andrew T. Kenyon is Professor at Melbourne Law School, University of Melbourne. He researches in comparative media law, drawing on media related disciplines as well as law. His publications include Comparative Defamation and Privacy Law (edited, 2016) and Positive Free Speech: Rationales, Methods and Implications (co-edited with Andrew Scott, 2020).

Review :
'Democracy of Expression argues persuasively that democratic government entails positive rights to freedom of speech and that courts have a legitimate role in upholding them. The book shows extensive knowledge of French and German legal developments and a command of philosophical and media studies literature. It should be read by all free speech scholars.' Eric Barendt, Emeritus Professor of Media Law, University College London 'This book provides an urgently needed response to democracy's current plight: the collective failure to address the epochal shifts in our media environment. Retooling our regulatory and legal approach to free speech will not be easy – as Kenyon is fully aware – but the fate of democracy depends upon it.' Mark Andrejevic, Professor, Communications and Media Studies, Monash University 'Democracy of Expression cogently argues that a positive freedom of communication is implicit in the very concept of democracy. The analysis is stimulating, wide-ranging in its sources and lucid. This significant book is certain to become the authoritative reference point for future discussion.' Thomas Gibbons, Emeritus Professor of Law, University of Manchester 'This pathbreaking book intervenes in a vital debate about the free speech required for democratic governance. Kenyon presents an invaluable analysis for anyone who thinks democracy is worth defending and expanding.' Victor Pickard, Professor of Media Policy and Political Economy, University of Pennsylvania 'Democracy of Expression provides a fascinating exploration of a positive conception of freedom of speech, using an impressively rich array of comparative sources not often available in English. A must read for media law and free speech scholars alike.' Adrienne Stone, Professor of Constitutional Law, University of Melbourne