Jump to ContentJump to Main Navigation
Liberty IntactHuman Rights in English Law$
Users without a subscription are not able to see the full content.

Michael Tugendhat

Print publication date: 2016

Print ISBN-13: 9780198790990

Published to Oxford Scholarship Online: February 2017

DOI: 10.1093/acprof:oso/9780198790990.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 27 September 2020

Freedom of Expression

Freedom of Expression

(p.115) 9 Freedom of Expression
Liberty Intact

Michael Tugendhat

Oxford University Press

Until the nineteenth century freedom of speech meant immunity for anything said in court or Parliament, and, otherwise, no prior restraint by licensing. Sanctions after the event were allowed. Freedom of speech for the public may require the cooperation of those who control buildings, public spaces, and resources. Judges and Parliament increased freedom by restricting the definitions of offences and torts, such as treason and libel, and by assigning to juries the decision whether words were seditious, libellous, etc in Fox’s Libel Act 1791. The argument that truth would emerge by its natural strength from freedom of expression was the basis of adversarial trial, and was argued by Thomas More and John Milton. More used the public interest argument for freedom of speech in Parliament and in advice given to the king. Until the twentieth century, in the US freedom of speech meant the same as in England: no prior restraint.

Keywords:   freedom of expression, freedom of speech, prior restraint, Thomas More, John Milton, First Amendment, trial by jury, treason, libel, Fox’s Libel Act

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .