LWS011 Lecture Notes - Lecture 2: Areopagitica, Liberal Democracy, Body Politic
LWS011 Journalism Law- Lecture 2 Free Speech
The principles of free speech lie at the heart of media regulation in Western liberal democracies
such as Australia.
-Freedom of speech, freedom of express and freedom of the press are all related concepts and are
often used interchangeably.
Speech may take a number of forms including:
-speech with factual content, that is information;
-speech with normative or moral/ethical content (including political discussion and opinions)
-speech with expressive content (especially artistic works or acts of self-expression)
-These categories may overlap in a given case.
The regulation of the Australian media has its heritage in the law of England. As such, the
development of press freedom in England is relevant for the law and politics of free speech in
Australia today.
-History:
-invention of the printing press;
-rule shifts from monarchy to the parliament in the 17th century
Rise of parliamentary democracy
Three main justifications:
-speech and autonomy
-speech and truth
-speech and democracy
Speech and autonomy:
-speech enhances individual autonomy
-speech is a uniquely human activity
Speech and truth:
-value of speech for the discovery of truth.
-not just information; it includes political or ethical truths
-Milton's areopagitica:
Mill's on Liberty
Holmes J in Abrams v United States
Speech and democracy:
-This is derived from the democratic structure of societies: If there are no restrictions on the speech
which can be exchanged in the body politic then the outcome will be a healthier and more "pure"
democracy.
-One of the most notable proponents of the link between freedom of speech and democracy is
Alexander Meiklejohn.
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