Free Speech and Media Law in the 21st Century

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Modern commentators have debated the role of free speech in modern democratic societies, and have offered various justifications for according free speech a preferred position in the constitutional hierarchy. However, there has been little agreement. While some courts and commentators advance the so-called marketplace of ideas theory, others focus on the democratic process theory, the safety valve theory, or the liberty/self-fulfillment theory. A few argue in favor of all four theories. There have been similar debates regarding the role of the media in a free society. While some have argued that the press is entitled to a privileged position, because of its role as a watchdog of democracy, others disagree, arguing that citizen free speech rights are co-extensive with media rights.

The papers published in this volume were presented in June of 2017 at the Free Speech Discussion Forum hosted at Pazmany Peter Catholic University Faculty of Law in Budapest, Hungary. The purpose of this forum was to bring together prominent free speech scholars from around the world to discuss matters of common interest. The Budapest forum was specifically focused on two topics: The Foundations and Limits of Free Expression and The Media in the Twenty-First Century.

The Global Papers Series involves publications of papers by nationally and internationally prominent legal scholars on a variety of important legal topics, including administrative law, freedom of expression, defamation and criminal law. The books in this series present the work of scholars from different nations who bring diverse perspectives to the issues under discussion.