Libel Law, Political Criticism, and Defamation of Public Figures: The United States, Europe, and Australia

By Peter N. Amponsah | Go to book overview

Chapter Two
Philosophy of Freedom of Speech

To understand whether the protection of political speech is sound, one must examine the justifications for it. This task involves showing the importance of preserving freedom of speech in a democratic society. Thus, an overview of the different rationales and theories of free speech provides grounding for heightened protection of political speech that lies at the core of the debate about freedom of expression. Also, it explains the theoretical framework in support of the claim of a necessary protection for political speech in a democratic society and the courts' attempt to strike the balance between the reputation of politicians on one hand and the freedom of expression on the other.1

Political participation in a democratic dispensation is not limited to the exercise of voting franchise nor demonstrations as well as protests. But, political speech is an indispensable value to democratically informed public and the principal means of protecting democracy itself. While it ensures public discourse in such free expression as political deliberation and criticism of matters of public concern, political speech subsists for the integral operation of democratic institutions that should promote the governance and the political well-being of the citizenry. The literature on free speech theory gives three key justifications – “marketplace of ideas,” “human liberty and self-fulfillment,” and “democratic self-governance.”


MARKETPLACE OF IDEAS RATIONALE

The “marketplace” metaphor considers the democratic society as an open market where people enlighten each other through a process of free interchange and competition of ideas.2 Milton, Mill, Holmes and Brandeis were the best known exponents of this form of free speech justification.

-23-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Libel Law, Political Criticism, and Defamation of Public Figures: The United States, Europe, and Australia
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 230

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.