Free Speech as Civic Structure

Reviews / Votes

This is an exceptional learned and thoughtful book. Krotoszynski leaves no doubt that that our comparative constitutional law of free speech is too impoverished to make sense of the realities in the globe, where law is created by judges." - James Q. Whitman, Ford Foundation Professor of Comparative and Foreign Law, Yale Law School In Free Speech as Civic Structure, Professor Ronald Krotoszynski has once again delivered an ambitious and innovative analysis of the norms and institutions governing speech regulations across continents and cultures. Krotoszynski incisively explains how judicial rulings dictate the scope of speech freedoms to a far greater degree than core constitutional and legislative text would indicate. His insightful observations across multiple countries are compelling national case studies, and collectively offer a novel framework for how judges and scholars understand the regulation of speech." - Charlotte Garden, Julius E. Davis Professor of Law, University of Minnesota Law School How much does it matter that a constitution has or doesn't have a provision saying that the constitution protects freedom of expression? Professor Krotoszynski's impressive comparative study answers, "Some, but much less than you might think." Detailed studies of constitutional provisions (or their absence) and case law in the United States, South Africa, the United Kingdom, Australia, and Israel show that judicial attitudes toward representative democracy and embedded social and legal cultures are more important than constitutional texts in defining the contours of freedom of expression. A valuable and careful comparative study that scholars of free expression, comparative constitutional law, and interpretive methods will all profit from reading." - Mark Tushnet, William Nelson Cromwell Professor of Law Emeritus, Harvard Law School Professor Krotoszynski has written a brilliant book about how free speech is protected across the world. Looking at several countries, he shows that ultimately the protection of expression depends on the judges far more than the text of a constitution. Beautifully written and meticulously researched, Professor Krotoszynski's analysis provides crucial insights as to how a society can ensure freedom of speech." - Erwin Chemerinsky, Dean & Jesse H. Choper Distinguished Professor of Law, Berkeley Law School The great 20th century jurist Learned Hand famously opined that "liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can even do much to help it. While it lies there it needs no constitution, no law, no court to save it." Ronald Krotoszynski's Free Speech as Civic Structure partly challenges and partly confirms Hand's observation. Krotoszynski takes readers on a remarkable tour of common law jurisdictions around the globe. He finds that judges play a critical role in protecting and defining the reach of free expression, bounded by the views of the culture in which they work-that is, by what lies in the hearts of men and women. This thoroughly researched and carefully argued book convincingly demonstrates that codification in a national constitution is neither a necessary nor sufficient condition for robust protection of free expression." - Michael C. Dorf, Robert S. Stevens Professor of Law, Cornell Law School This is an exceptional learned and thoughtful book. Krotoszynski leaves no doubt that that our comparative constitutional law of free speech is too impoverished to make sense of the realities in the globe, where law is created by judges. * James Q. Whitman, Ford Foundation Professor of Comparative and Foreign Law, Yale Law School * In Free Speech as Civic Structure, Professor Ronald Krotoszynski has once again delivered an ambitious and innovative analysis of the norms and institutions governing speech regulations across continents and cultures. Krotoszynski incisively explains how judicial rulings dictate the scope of speech freedoms to a far greater degree than core constitutional and legislative text would indicate. His insightful observations across multiple countries are compelling national case studies, and collectively offer a novel framework for how judges and scholars understand the regulation of speech. * Charlotte Garden, Julius E. Davis Professor of Law, University of Minnesota Law School * How much does it matter that a constitution has or doesn't have a provision saying that the constitution protects freedom of expression? Professor Krotoszynski's impressive comparative study answers, "Some, but much less than you might think." Detailed studies of constitutional provisions (or their absence) and case law in the United States, South Africa, the United Kingdom, Australia, and Israel show that judicial attitudes toward representative democracy and embedded social and legal cultures are more important than constitutional texts in defining the contours of freedom of expression. A valuable and careful comparative study that scholars of free expression, comparative constitutional law, and interpretive methods will all profit from reading. * Mark Tushnet, William Nelson Cromwell Professor of Law Emeritus, Harvard Law School * Professor Krotoszynski has written a brilliant book about how free speech is protected across the world. Looking at several countries, he shows that ultimately the protection of expression depends on the judges far more than the text of a constitution. Beautifully written and meticulously researched, Professor Krotoszynski's analysis provides crucial insights as to how a society can ensure freedom of speech. * Erwin Chemerinsky, Dean & Jesse H. Choper Distin guished Professor of Law, Berkeley Law School * The great 20th century jurist Learned Hand famously opined that "liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can even do much to help it. While it lies there it needs no constitution, no law, no court to save it." This book partly challenges and partly confirms Hand's observation. Krotoszynski takes readers on a remarkable tour of common law jurisdictions around the globe. He finds that judges play a critical role in protecting and defining the reach of free expression, bounded by the views of the culture in which they work -that is, by what lies in the hearts of men and women. This book convincingly demonstrates that codification in a national constitution is neither a necessary nor sufficient condition for robust protection of free expression. * Michael C. Dorf, Robert S. Stevens Professor of Law, Cornell Law School * It is hard to dispute the author's conclusions, given that in all the countries with which he deals, there are many examples of courts and lawmakers both intervening and restraining themselves, largely in accordance with the prevailing climate (or occasionally trying to stop some perceived moral, ethical or legal danger). The book is accordingly a valuable contribution to a never-ending debate. * American Journal of Comparative Law *