Allowing Free Speech and Prohibiting Persecution - a Contemporary Sophie's Choice

Newman, Christopher (2006) Allowing Free Speech and Prohibiting Persecution - a Contemporary Sophie's Choice. Journal of Criminal Law, 70 (4). pp. 329-350. ISSN 0022-0183

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Official URL: https://doi.org/10.1350/jcla.70.4.329

Abstract

This article considers the approach of three distinct common law jurisdictions to the problems faced by courts when an individual's right to freedom of expression is invoked as a defence to a low-level public order offence. The contrasting approach of courts in England, Australia and the USA will be examined in order to ascertain whether there is a simple balancing act to be made on a case-by-case basis or whether an optimal model of public order legislation can be established to provide some certainty when rights to freedom of expression collide with the wider rights of the community.

Item Type: Article
Subjects: M200 Law by Topic
Department: Faculties > Business and Law > Northumbria Law School
Depositing User: Becky Skoyles
Date Deposited: 21 Mar 2018 16:06
Last Modified: 21 Mar 2018 16:06
URI: http://nrl.northumbria.ac.uk/id/eprint/33840

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