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Toward a World Rule of Law: Freedom of Expression

Washington, D.C., office of international law firm Covington& Burling; First Amendment Advisory Council of the Media Institute; Defense Counsel Section of the Media Law Resource Center; International Research Exchanges Board

Freedom of expression is guaranteed by international treaties, but countries differ significantly in their view of the meaning of "free expression" and how it should be protected. Before the emergence of the Internet, each country could workably set its own ceiling for the protection of expression without having an adverse impact on other countries that might make a different choice. The borderless nature of the Internet makes it more difficult for despots and dictators to limit the access of their citizens to information from outside their countries' borders. But the conflict represented by this medium expresses itself in legitimate disputes over the application of national law. Each nation must apply its own rules of law without diminishing the freedoms available to citizens of other states. This article suggests that nations focus on applying the law of the country in which speech originates, following the view of the European Union.

Key Words: free expression • First Amendment • Internet • international law • hate speech • choice of law • jurisdiction

The ANNALS of the American Academy of Political and Social Science, Vol. 603, No. 1, 202-216 (2006)
DOI: 10.1177/0002716205282120


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