The study of the range of protection in freedom of speech from comparative law: focusing on regulation of possession about isolated expression

2017 Fiscal Year Final Research Report

• Project/Area Number: 15K20912
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: Public law; Fundamental law
• Research Institution: Chiba University
• Principal Investigator: OBAYASHI KEIGO 千葉大学, 大学院社会科学研究院, 准教授 (70453694)
• Project Period (FY): 2015-04-01 – 2018-03-31
• Keywords: 憲法 / 表現の自由 / 孤独な表現 / 所持規制 / 自己実現 / 個人の尊厳

Outline of Final Research Achievements

This research reveals that isolated expression is protected as freedom of expression, focusing on the issue of possession as freedom of expression. In general, it is said that the conduction with unintended communication is not protected as freedom of expression. However, considering cases and theories in the United States and Canada, freedom of expression requires that the government must not intervene conduction such as possession, reading and creation of people in their home. If isolated expression is not protected, it leads to disturb self-fulfillment. Isolated expression is protected as freedom of expression with linked privacy and connects to individual dignity. As these principles can apply to Japan, I suggest that isolated expression is protected as freedom of expression.

Free Research Field

憲法