2014 Fiscal Year Final Research Report
Comparative study of possible speech regulation for protection of vulnerable member of the community
| Project/Area Number |
24530003
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | Kanazawa University |
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Principal Investigator |
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| Project Period (FY) |
2012-04-01 – 2015-03-31
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| Keywords | 言論の自由 / ヘイト・スピーチ / 萎縮効果 / 虚偽表示 |
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| Outline of Final Research Achievements |
Speech regulation could be a violation of the free speech right, even if the regulation was needed for benign purposes such as prevention of violent crime or terrorism. In this research, I examined the nature of harm caused by speech regulation, and explored the possibility that we could regulate speech with no harm to the free speech value. It is common understanding that free flow of speech should be preferred, and the harm of speech regulation could be understood in terms of chilling effect. In other words, it would be certainly arguable that a speech could be regulated when the speech was made as a part of a crime and the regulation of the speech cause no chilling effect. This idea has been developed as the actual malice doctrine in defamation laws, and I conclude it would be necessary to examine a promising hypothesis that a speech could be duly regulated in purpose of protecting vulnerable member of the community when the regulation surely causes no chilling effect.
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| Free Research Field |
言論の自由
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