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Advanced Introduction to Freedom of Expression

Mark Tushnet

The Advanced Introduction to Freedom of Expression provides an overview of major issues in the doctrinal structure of a law of freedom of expression, relevant to discussions of freedom of expression under many national constitutions. Assuming familiarity with basic theories of free expression, this book addresses the implications of reasonable disagreement between legislatures and courts about whether a specific measure violates freedom of expression, the implications of the fundamental proposition that speech can cause harm, the distinction between the coverage of freedom of expression and the protections it affords, and the appropriate doctrinal forms when speech is said to conflict with other rights such as equality, or merely other social interests. The book will be of interest to anyone, including students, teachers, researchers and policymakers wanting to learn more about the freedom of expression and the law.
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Mark Tushnet


Frederick Schauer, Geoffrey Stone, and Rebecca Tushnet read nearly complete versions of this book and made extremely useful comments. Much of the material is the result of my efforts to make sense of free expression law for my students, who I thank for their patience.

For nearly fifteen years I have been teaching US free expression law using material prepared by Professor Stone. That material is brilliantly organized, and I tell my students that they will understand free expression law if they understand why the materials are organized as they are. Nearly everything I know about free expression law I have learned from Frederick Schauer and Geoffrey Stone, and this book is dedicated to them.

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