A Quadruple Doctrinal Framework of Free Speech

Download the PDF

S.J.D., Duke Law School; LL.M., Harvard Law School.

Existing theories and doctrines of free speech have focused on why the freedom to express is indispensable for realizing the values that we treasure, such as truth or democracy. However, how expression facilitates those values is underexplored. This Article proposes a doctrinal framework of free speech consisting of four parts: right of control over one’s information, right to know, right of access to platforms, and behavioral rules of public discussion. These are the constitutive parts that are necessary for the exercise of free speech to be meaningful and effective. After elaborating on these elements, this Article tests the framework by analyzing four cases: the European Union’s Right to Be Forgotten, the information disclosure laws of China, the blocking of Trump’s Twitter account, and the Indian hate speech incident. Those four cases offer a more comprehensive scenario as to how the quadruple framework operates in real contexts.

Download the PDF

More H.R.L.R.

Tribal Health Self-Determination: The Role of Tribal Health Systems in Actualizing the Highest Attainable Standard of Health for American Indians and Alaska Natives

Vanessa Ann Racehorse

Loper Bright and the Great Writ

Anthony G. Amsterdam & James S. Liebman

Extraterritoriality in a Nevada Shipping Container: Accountability for Drone Warfare Through the Post-Nestlé Alien Tort Statute

Sandy Ra
See all