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Freedom of Speech$
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Eric Barendt

Print publication date: 2007

Print ISBN-13: 9780199225811

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199225811.001.0001

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Freedom of Speech in Special Contexts

Freedom of Speech in Special Contexts

(p.475) XIV Freedom of Speech in Special Contexts
Freedom of Speech


Oxford University Press

This chapter examines four special contexts where the case for tight regulation of speech has been extensively discussed: election campaigns, the employment relationship, schools and universities, and prisons. It deals with the arguments of principle and policy — why free speech questions should be treated in a distinctive way because they are raised in one of a number of particular contexts. It may be argued that employees, students, and prisoners are not entitled to claim the same rights to freedom of speech as ordinary citizens. Or, more precisely, that employees and prisoners should be deemed to have waived their ordinary rights, while students, at least those at school, are not fully entitled to assert them. Alternatively, it may be argued that governments, or other public authorities, have stronger interests in regulating the speech of employees, students, or prisoners, and that these interests justify the formulation and application of discrete principles to regulate speech in these contexts.

Keywords:   freedom of speech, election campaigns, employment, education, prisons, universities, regulation, students, prisoners

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