aThe uniquely American sense of freedom that makes the First
Amendment so beloved and so respected in its homeland is precisely
what makes it a difficult model for constitutional protection of
expression in other political systems. In this survey of free
speech policies in Canada, Germany, Japan, and the United Kingdom,
Krotosyznski introduces American students and scholars of
constitutional law to a diverse range of culturally contingent
approaches to protecting the freedom of expression in other
industrialized countries. . . . As Krotosyznskias fascinating
project demonstrates, comparative constitutional analysis
challenges us as Americans to examine critically the cultural
assumptions underlying our legal system.a
--Jim Chen, University of Minnesota Law School
"There are very few scholars who are willing to read as widely
in the law of the world as Krotoszynski, and very few who are
capable of forming such confident and intelligent judgments."
--James Whitman, Yale Law School
"For better or worse recent Supreme Court jurisprudence
evidences a growing struggle over whether and, if so, how to
address foreign court decisions. Ronald Krotoszynski's first-rate
analysis of the comparative dimension of free speech issues could
not be more timely. Not only does his work shed important light on
free speech, but it informs as well."
--Michael Heise, Cornell Law School
"Krotoszynski has produced one of the best examples of the
growing literature on comparative public law. His analysis of free
speech law in four modern democracies is distinctive in that it
goes beyond merely describing the rules governing expression in
those countries to address the deeper differences incultural
attitudes that explain the disparate legal outcomes. His
sophisticated treatment of the intersecting lines of theory,
doctrine, and culture makes this the most thorough and compelling
assessment of comparative free speech law on the market
today."
--Steven G. Gey, David and Deborah Fonvielle & Donald and Janet
Hinkle Professor of Law, Florida State University College of
Law
Krotoszynskias conclusions are revealing and forcefully
presented. This is especially so when they are based on the
authoras sophisticated and copiously documented comparison of the
US with four advanced legal systems committed to participatory
politics. The book undoubtedly challenges many of us who smugly
accept American aexceptionalisma in freedom of speech and the
press...Krotoszynski helps us appreciate the value of comparative
free speech with a new, penetrating perspective.a
--"The Law and Politics Book Review"
The First Amendment --and its guarantee of free speech for all
Americans--has been at the center of scholarly and public debate
since the birth of the Constitution, and the fervor in which
intellectuals, politicians, and ordinary citizens approach the
topic shows no sign of abating as the legal boundaries and
definitions of free speech are continually evolving and facing new
challenges. Such discussions have generally remained within the
boundaries of the U.S. Constitution and its American context, but
consideration of free speech in other industrial democracies can
offer valuable insights into the relationship between free speech
and democracy on a larger and more global scale, thereby shedding
new light on some unexamined (and untested) assumptions that
underlie U.S. free speechdoctrine.
Ronald Krotoszynski compares the First Amendment with free
speech law in Japan, Canada, Germany, and the United
Kingdom--countries that are all considered modern democracies but
have radically different understandings of what constitutes free
speech. Challenging the popular--and largely American--assertion
that free speech is inherently necessary for democracy to thrive,
Krotoszynski contends that it is very difficult to speak of free
speech in universalist terms when the concept is examined from a
framework of comparative law that takes cultural difference into
full account.
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