scholarly journals Economic Perspectives on Free Speech

2021 ◽  
pp. 117-136
Author(s):  
Daniel Hemel
Keyword(s):  
Free Speech ◽  
Law And Economics ◽  
Information Economics ◽  
Freedom Of Speech ◽  
Fake News ◽  
Marketplace Of Ideas ◽  
Goods And Services ◽  
Similarities And Differences ◽  
The Difference ◽  
Economic Perspectives

This chapter explores the potential for economic analysis to illuminate freedom of speech. For early scholars of law and economics, the similarities and differences between the metaphorical marketplace for ideas and literal markets for goods and services were subjects of much attention. The chapter then argues that information economics has the potential to explain failures in the ‘marketplace of ideas’. Just as information asymmetry in the market for goods and services allows low quality goods and services to drive high quality goods and services out of the marketplace, there is reason to think that ‘bad speech’ will tend to drive out the ‘good’. For good information to compete in the market, readers and listeners must be able to tell the difference between good and bad information—an idea with particular resonance in the age of ‘fake news’, and with potential implications for the design of free-speech laws.

Kant and Rawls on Free Speech in Autocracies

2018 ◽  
Vol 23 (4) ◽  
pp. 615-640 ◽  
Author(s):  
Peter Niesen
Keyword(s):  
Free Speech ◽  
Political Liberalism ◽  
Freedom Of Speech ◽  
Core Area ◽  
Law Of Peoples ◽  
Democratic Regimes ◽  
Core Feature ◽  
Democratic Societies ◽  
The Difference ◽  
Important Extension

AbstractIn the works of Kant and Rawls, we find an acute sensibility to the pre-eminent importance of freedom of speech. Both authors defend free speech in democratic societies as a private and as a public entitlement, but their conceptions markedly differ when applied to non-liberal and non-democratic societies. The difference is that freedom of speech, for Kant, is a universal claim that can serve as a test of legitimacy of all legal orders, while for Rawls, some legal orders are owed full recognition even if they do not in principle guarantee freedom of speech. I explain Kant’s account of free political speech and argue that the defence of individual rights should be seen as its core feature, both in republican and in autocratic states. I then argue that a much-overlooked shift in Rawls’s development to Political Liberalism likewise ties his account of free speech in democratic societies to issues concerning rights and justice. In a next step, I discuss Rawls’s perspective on some non-democratic regimes in his Law of Peoples, regimes that he understands as well-ordered but which do not guarantee freedom of speech. I criticize Rawls’s account from Kant’s perspective and suggest to introduce a ‘module’ from Kant’s pre-republican thought into Rawls’s conception, aiming to secure a core area of rights- and justice-related speech. My claim is that under Kant’s view of autocratic legitimacy, an important extension of speech rights is called for even in non-liberal, non-democratic states, and that a Rawlsian account should and can adopt it.

scholarly journals Legal Dilemma of Fake News Management after ‘Marketplace of Ideas’

Komunikator ◽  
2021 ◽  
Vol 13 (2) ◽  
pp. 160-174
Author(s):  
Zou Ju ◽  
Zhou Yue
Keyword(s):  
United States ◽  
Theoretical Basis ◽  
Freedom Of Speech ◽  
The United States ◽  
High Tolerance ◽  
Fake News ◽  
Media Technology ◽  
Marketplace Of Ideas ◽  
The United Kingdom ◽  
False News

The ‘marketplace of ideas’ metaphor has gone over a whole century since its birth, and its significance is far-reaching. The protection of freedom of speech in its theory is now manifested as high tolerance of fake news. Germany, France, the United Kingdom, Singapore, Russia, and Malaysia are among the countries attempting to address the worldwide issue of false news. Many nations have included false news regulation into necessary measures such as government management and even legal systems, as can be shown. In the United States, it is difficult to control fake news by legal means, which can only be exerted through extremely limited litigation liability and industry self-discipline. In addition, the transformation of media technology has destroyed the theoretical basis of the ‘marketplace of ideas’. Due to the struggle between the two parties in the United States, fake news has become a ‘floating signifier’ and a discourse tool to attack political opponents. The century-old theory of ‘marketplace of ideas’ is in urgent need of reflection and reconstruction. 

Competing Conceptions of Free Speech

2020 ◽  
pp. 61-74
Author(s):  
Rodney A. Smolla
Keyword(s):  
Free Speech ◽  
Freedom Of Speech ◽  
Democratic Process ◽  
Marketplace Of Ideas ◽  
Social Compact ◽  
The Social

This chapter focuses on the American debate over the meaning of “freedom of speech,” which has been a contest between two ideas: the “order and morality” theory and the “marketplace of ideas” theory. It discusses the “order and morality” theory as a conception of freedom of speech that is grounded in the notion that freedom of speech cannot be elevated above the “social compact” that binds society. It also emphasizes that speech that undermines order or morality may be punished by laws enacted through the democratic process. The chapter explains that the marketplace theory is the opposite of order and morality, arguing that it is grounded in the notion that democracy is subordinate to free speech. It clarifies that the test of truth and morality should be the power of a thought to win in the competition of the marketplace of ideas.

Free Speech and Commercial Advertising

2021 ◽  
pp. 443-454
Author(s):  
Frederick Schauer
Keyword(s):  
Free Speech ◽  
Government Regulation ◽  
Relevant Literature ◽  
Freedom Of Speech ◽  
The United States ◽  
Theory And Practice ◽  
Commercial Speech ◽  
Contemporary World ◽  
Goods And Services ◽  
Commercial Advertising

This chapter studies the relationship between free speech and commercial advertising. In the contemporary world, a substantial percentage of the universe of public communication consists of advertising. Speech offering to sell goods and services, typically with inducements to purchase, and often including the price and other conditions of the proposed sale, is a ubiquitous part of modern life. An important question in the theory and practice of freedom of speech is the extent to which, if at all, such communications should be protected against government regulation. Given that the United States is something of a protective outlier on free speech questions generally, even when compared to other liberal industrialized democracies, it is not surprising that free speech protection for commercial advertising is more robust in American law than it is anywhere else in the world. But the question has arisen in many other countries that profess to take the freedom of speech seriously, and thus the chapter will deal with the question of free speech protection for commercial advertising of some sort and to some degree as a question with worldwide implications, and with both theoretical and doctrinal dimensions. It is common in much of the relevant literature to refer to the topic under discussion as ‘commercial speech’.

Freedom of Expression in the Workplace

2021 ◽  
pp. 409-430
Author(s):  
Cynthia Estlund
Keyword(s):  
Free Speech ◽  
Constitutional Law ◽  
Freedom Of Expression ◽  
Hierarchical Control ◽  
Freedom Of Speech ◽  
Large Measure ◽  
Goods And Services ◽  
The Us ◽  
Legitimate Interests ◽  
Workplace Setting

This chapter addresses the implications for democratic government of employment-based limitations on freedom of speech. The workplace is a distinctive expressive domain because the ‘censor’ and the speaker are typically bound together by an employment contract that affords the former a large measure of hierarchical control over the latter. The employer, having hired the employee to do a job, has legitimate interests in regulating some employee speech. The employee, for their part, is typically dependent on the employer for their livelihood, and vulnerable to the employer’s overreaching beyond those legitimate interests. Those features of the employment relationship give rise to a distinct set of questions about the value and limits of free speech in the workplace setting, public or private. The chapter then focuses on how US law, primarily constitutional law but also non-constitutional law, has dealt with those questions. While the US law governing freedom of expression in the workplace is unique in some ways, the problems it deals with will arise in any society that both recognizes the value of freedom of expression and channels labour into the production of goods and services largely through the institution of employment.

Pandhawa Gubah sebagai Representasi Interaksi Metafisik Manusia Jawa dan Perbandingannya dengan Cheritera Pandawa Lima

Manuskripta ◽  
2020 ◽  
Vol 10 (1) ◽  
pp. 67
Author(s):  
Novarina Novarina
Keyword(s):  
Comparative Study ◽  
Literary Theory ◽  
Research Method ◽  
Descriptive Analysis ◽  
Literary Study ◽  
Analysis Method ◽  
Research Objects ◽  
Similarities And Differences ◽  
The Difference ◽  
The Comparative Study

Abstract: This research is a comparative literary study that uses Malay and Javanese versions of Mahabarata text sources. The research objects used were the text edition of Pandhawa Gubah (PG) by Sudibjo Z. Hadisutjipto and the text of Cheritera Pandawa Lima (CPL) by Khalid Hussain. The research method used is descriptive-analysis method. In the comparative study used a comparative literary theory proposed by Endraswara (2011). The results of the text comparison reveal the similarities and differences in the image of Bima figures in the Javanese and Malay versions. The equation as a whole is that both texts contain the same heroic storyline and heroic character, Bima. In addition, Indian influence is still evident in the two texts seen from the nuances of Hinduism that exist in both texts. While the difference is seen in the events that accompany Bima's struggle in achieving his victory. Based on these similarities and differences, it can be seen that the authors attempt to represent the concept of metaphysical interactions vertically and horizontally expressed through PG text. --- Abstrak: Penelitian ini adalah satu kajian sastra bandingan yang menggunakan sumber teks Mahabarata versi Melayu dan Jawa. Objek penelitian yang digunakan adalah edisi teks Pandhawa Gubah (PG) karya Sudibjo Z. Hadisutjipto dan teks Cheritera Pandawa Lima (CPL) karya Khalid Hussain. Metode penelitian yang digunakan adalah metode deskriptif-analisis. Dalam telaah perbandingan digunakan teori sastra bandingan yang dikemukakan Endraswara (2011). Hasil perbandingan teks mengungkapkan adanya persamaan dan perbedaan citra tokoh Bima dalam versi Jawa maupun versi Melayu. Persamaan secara keseluruhan adalah kedua teks tersebut mengandung alur cerita kepahlawanan dan tokoh pahlawan yang sama yaitu Bima. Selain itu, pengaruh India masih tampak dalam kedua teks tersebut dilihat dari nuansa Hinduisme yang ada dalam kedua teks. Sementara perbedaannya tampak pada peristiwa-peristiwa yang menyertai perjuangan Bima dalam mencapai kemenangannya. Berdasarkan persamaan dan perbedaan tersebut tampak adanya upaya penulis untuk merepresentasikan konsep interaksi metafisik secara vertikal dan horizontal yang diungkapkan melalui teks PG.

The Logic of ‘But’: Quarrels, Literature and Democracy

Paragraph ◽  
2017 ◽  
Vol 40 (1) ◽  
pp. 114-130
Author(s):  
Thomas Docherty
Keyword(s):  
Free Speech ◽  
Freedom Of Speech ◽  
The Way

This paper looks at intrinsic disputation within proposition, and specifically within propositions that offer a moderated version of the freedom of speech and expression. It begins from a consideration of what is at stake in Othello's ‘Rude am I in my speech’, a rhetorical gesture that frames an act of great eloquence, and in which the eloquence serves to formulate a quarrel by ostensibly resolving it. This example reveals that there is a conflict between empirical quarrel and articulated spoken resolution. This leads the essay to explore the way in which diplomacy works, whereby we establish the pretence that there is peace between disputatious positions through the power of the logic of ‘but’, thus: ‘I agree with you, but …’. Finally, this is extended to a consideration of the limits of and/or on free speech: ‘I defend free speech, but …’, where the ‘but’ is a gesture in which the defence of free speech is modified to the point of being obliterated.

PENGAKUAN CALABAI: SEBUAH ANALISIS INTERTEKSTUAL NOVEL PASUNG JIWA KARYA OKKY MADASARI DAN NOVEL CALABAI KARYA PEPI AL-BAYQUNIE

Jurnal KATA ◽  
2018 ◽  
Vol 2 (1) ◽  
pp. 50
Author(s):  
Krisna Aji Kusuma ◽  
Herman J Waluyo ◽  
Nugraheni Eko Wardani
Keyword(s):  
Content Analysis ◽  
Analysis Data ◽  
Qualitative Approach ◽  
The Novel ◽  
Research Results ◽  
Self Actualization ◽  
Similarities And Differences ◽  
The Difference ◽  
Descriptive Qualitative

<p><em>This study aims to describe the intertextuality relationship between the novel Pasung Jiwa by Okky Madasari and Calabai by Pepi Al-Bayqunie. The type of research is descriptive qualitative approach using content analysis. Data are collected by inventorying events that are similarities and differences, specifications on the characters, settings, plots, and themes of both text. The research results indicate that there are similar themes on the two novels, the theme of self actualization in addition with the theme of family and friendship. The same characterization are also used by both author, masculine figures with feminine soul characters. The difference between the two novels lies on the plot and setting. Pasung Jiwa uses progressive plot and Calabai uses a flash-back plot.. Okky Madasari takes Java Island as the background in the novel Pasung Jiwa, while the novel Calabai, Pepi Al-Bayqunie using the setting of Sulawesi Island. The basis of the similarity of theme and characterization supported by the similirity of events in the story shows the existence of intertextual relationship between the two novels. As a previously published work, the novel Pasung Jiwa by Okky Madasari is a hipogram and novel Calabai by Pepi A-Bayqunie as a transformational text. On the theme and characterization, the transformation of Calabai forward the hypogram, while in the plot and setting deviates his hypogram, Pasung Jiwa.</em></p><p>Penelitian ini bertujuan untuk mendeskripsikan hubungan intertekstualitas antara novel Pasung Jiwa karya Okky Madasari dan novel Calabai karya Pepi Al-Bayqunie. Jenis penelitian ini adalah deskriptif kualitatif dengan pendekatan konten analisis. Data dikumpulkan dengan menginventariskan peristiwa yang merupakan persamaan dan perbedaan, spesifikasi pada tokoh, latar, alur, dan tema dari kedua teks. Hasil penelitian ini menunjukkan bahwa terdapat kesamaan tema pada kedua novel, yaitu tema aktualisasi diri, ditambah dengan tema keluarga dan persahabatan. Penokohan yang sama juga digunakan oleh kedua penulis, yaitu tokoh maskulin dengan karakter jiwa feminin. Perbedaan kedua novel terletak pada alur dan latar. Pasung Jiwa menggunakan alur maju dan Calabai menggunakan alur campuran. Latar dalam novel Pasung Jiwa, Okky Madasari mengambil latar Pulau Jawa, sedangkan novel Calabai, Pepi Al-Bayqunie menggunakan latar Pulau Sulawesi. Dasar kesamaan tema dan penokohan didukung kesamaan peristiwa-peristiwa dalam cerita menunjukkan adanya hubungan intertekstual antara kedua novel. Sebagai karya yang terbit terlebih dahulu menjadikan novel Pasung Jiwa karya Okky Madasari adalah hipogram dan novel Calabai karya Pepi Al-Bayqunie sebagai teks transformasi. Pada tema dan penokohan, transformasi Calabai meneruskan hipogram, sedangkan pada alur dan latar menyimpangi hipogramnya, Pasung Jiwa.</p>

Through the Lens of Gadamer’s Hermeneutics: In comparison between Amina Wadud’s and Mohammed Talbi’s Interpretations of Q. 4:34

SUHUF ◽  
2017 ◽  
Vol 9 (2) ◽  
pp. 193-214
Author(s):  
Afifur Rochman Sya'rani
Keyword(s):  
Gender Inequality ◽  
Married Couple ◽  
Contextual Approach ◽  
The Status ◽  
Similarities And Differences ◽  
The Difference ◽  
Muslim Scholars ◽  
The Way

Most of traditional Muslim exegetes interpret Q. 4:34 in terms of maintaining the superiority of men over women. Some progressive Muslim scholars then insist a contextual approach to the verse to criticize gender inequality. Among some progressive Muslim scholars, this article comparatively examines the interpretations of Amina Wadud and Mohammed Talbi of Q. 4:34. Although both of them propose a contextual reading of the verse, they have different intellectual background, approach and method in interpreting the Qur’ān. The questions are to what extent the similarities and differences of both Wadud’s and Talbi’s interpretation of Q. 4:34 and how far their interpretations reflect their respective intention and perspective? Applying Gadamer’s hermeneutical approach, the article concludes that [1] Both Wadud and Talbi argue that the verse does not establish the superiority of men over women, but acknowledges duties division among married couple; [2] the difference among their interpretations is on the status of relationship among married couple; [3] Wadud’s and Talbi’s interpretations represent their respective hermeneutical situations and the way they define ontologically the nature of  interpretation and Qur’anic hermeneutics affect on producing the meanings of the verse.

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