Advanced Introduction to Freedom of Expression
Mark Tushnet
Extract
. Regulated material is covered by the freedom of expression if the distinctive modes of justification associated with freedom of expression are triggered. Material is protected if the regulation is unjustified. Under US law, obscene materials are not covered by freedom of expression, other sexually explicit materials are – and receive ‘full’ protection subject to some qualifications discussed below. Under proportionality, all sexually explicitly materials are covered by freedom of expression and art, but some receive weaker protection than others, that is, can be regulated with weaker justifications.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.