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A Virtue Less Cloistered: Courts, Speech and Constitutions by Ian Cram

By Ian Cram

Whereas paying lip provider to the significance of public entry to courtroom complaints and its corollary of unfettered media reporting, a trawl via universal legislation jurisdictions unearths that judges and legislators were answerable for large inroads into the proper of open justice. outdoor of the united states, judges and legislators have lengthy subordinated media freedom to file and remark upon issues when it comes to the management of justice with a purpose to guard the equity of person court cases, public self belief within the management of justice extra usually or maybe person privateness issues. the subject material of this e-book is a comparative remedy of constitutional security for open justice. concentrating on advancements within the felony platforms of the uk, the us, Canada and Australia, the monograph attracts upon the constitutionalization of expression pursuits around the universal legislations global to have interaction in a far wanted reassessment of the root and volume of permissible restraints on speech.

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Additional info for A Virtue Less Cloistered: Courts, Speech and Constitutions

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15 European jurisprudence, by contrast, has tended to stress other rationales for protecting expression interests. See ch 2 below. 16 Schenk v US (1919) 249 US 357; Frohwerk v US (1919) 249 US 204; Debs v US (1919) 249 US 211. 14 01 Chapter 1022 21/8/02 11:27 am Page 11 Rationales for Speech and their Relation to Court Reporting/Comment 11 speech in liberal democracies and is either implicit or explicit in judicial defences of media reporting across a variety of jurisidictions. The argument is associated with the First Amendment scholarship of Alexander Mieklejohn although it may be traced back further to James Madison, the author of the First Amendment.

This belief may be related to the fact that a number of constitutions single out speech/expression (accompanied in some cases by specific reference to the press/media) as worthy of protection from governmental interference in its own right, prompting in turn the suggestion that there is a self-standing or independent principle of free speech which is distinct from claims for a more general liberty. 3 Thus, if a restraint on other conduct is deemed legitimate where, on balance, it yields a slight gain in total welfare, the regulation of speech would have to be premissed on an overall welfare gain which was more than slight to support the existence of an independent free speech principle.

Chapter four examines prior restraints which limit the reporting of children and young persons’ involvement with the criminal courts out of a concern to protect minors’ privacy interests. The chapter details privacy-based reporting restraints in a number of jurisdictions, noting the role played by international norms in their 00a Introduction 1022 21/8/02 11:27 am Page 4 4 Introduction creation and considers some constitutional and empirical arguments to which they have given rise. Civil law jurisdictions too have rules which safeguard the administration of justice from outside interference.

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