Freedom of expression, a comparative law perspective - The United States

15-10-2019

This study forms part of a wider-ranging project, which seeks to lay the groundwork for comparisons between legal frameworks governing freedom of expression in different legal systems. The document analyses, with reference to the United States of America and the subject at hand, the legislation in force, the most relevant case law, and the concept of freedom of expression with its current and prospective limits, ending with some conclusions and possible solutions for future challenges. The legislative foundation for freedom of expression law in the United States is grounded in the First Amendment to the Constitution. Based on this text, the Supreme Court has created the freedom of expression doctrinal framework by which lower courts and other branches of government are bound. Unlike other jurisdictions, the United States grants broad freedom of expression protections based largely on the idea that “good” speech will prevail over “bad” speech in the open market.

This study forms part of a wider-ranging project, which seeks to lay the groundwork for comparisons between legal frameworks governing freedom of expression in different legal systems. The document analyses, with reference to the United States of America and the subject at hand, the legislation in force, the most relevant case law, and the concept of freedom of expression with its current and prospective limits, ending with some conclusions and possible solutions for future challenges. The legislative foundation for freedom of expression law in the United States is grounded in the First Amendment to the Constitution. Based on this text, the Supreme Court has created the freedom of expression doctrinal framework by which lower courts and other branches of government are bound. Unlike other jurisdictions, the United States grants broad freedom of expression protections based largely on the idea that “good” speech will prevail over “bad” speech in the open market.

Vanjski autor

EPRS, Comparative Law