Comparative Freedom of Expression

Freedom of expression is under threat in numerous constitutional democracies usually considered safe for political contestation. So-called ‘illiberal’ governments, striving for control of social and political fields, seek to stifle dissent over subjects that are viewed as threats to their continued rule. Because free speech is considered an antidote to tyranny, it is expressive freedoms that become a primary target of governments threatened by dissent. This seminar explores how certain forms of political speech, associated with the idea of dissent, are targeted in select constitutional democracies (among them, Hungary, India, Singapore, and Thailand). Various legal techniques to quell dissent, such as defamation, sedition, national security, and blasphemy laws will be explored. In addition, the role proportionality can play in resolving free speech questions is explored. Assigned readings will be drawn from scholarship discussing these controversies, often through country case studies.