Infraction or expression? Form rules and minoritarian speech in the marketplace of ideas
Type de matériel :
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Speech is regulated by various legal and social rules. Some of these, henceforth referred to as “form rules”, relate to the means chosen to express oneself, regardless of content. The starting point of this paper is illegal expressive conduct, a specific type of violation of these rules, when someone who has broken the law claims that their conduct should nonetheless fall under protected speech. As minority voices are significantly more likely to engage in illegal expressive conduct, it is necessary to consider the relationship between form rules and power asymmetries in the marketplace of ideas. This paper advocates for a relaxation of form rules when they apply to the expression of minority views. This proposal gives rise to various legal difficulties, which are also discussed.
Réseaux sociaux