These studies by a group of eminent academics and judges compare the different approaches of the British, European and American courts to the questions of free speech, which lie at the heart of much debate in constitutional law. The authors of these studies adopt opposing views, some favouring the pursuit of a US-inspired approach to protecting free speech, in the belief that the political culture of British society would be enhanced if our courts were to fashion our common law in accordance with many First Amendment principles. Others, more sceptically, reject this embrace of US legal culture, offering distinctly qAmeri-scepticq views and arguing for a solution based on common law principles and on the jurisprudence of the European courts.7 Meiklejohn, the First Amendment and Free Speech in English Law SIR JOHN LAWS I. INTRODUCTION In this chapter I propose to consider how far the views of Dr Alexander Meiklejohn about the First Amendment to the Constitution of theanbsp;...
|Title||:||Importing the First Amendment|
|Publisher||:||Bloomsbury Publishing - 1998-07-01|