Liberty v. Libel: Disparity and Reconciliation in Freedom of Expression Theory
Diverse theoretical positions in freedom of expression have established varying values relevant to democracy. This essay offers a broad-based critique of the state of freedom of expression theory, which it illuminates in a synthesis of libertarian, utilitarian, conservative, critical-cultural and postmodern positions. It argues in favor of reconciling the disparate theoretical positions in order to move the information society toward a common jurisdiction for libel lawsuits so that any chilling effect, caused by a difficulty in predicting law, procedure, and location, is dissipated. It finally identifies contours of the proposed theoretical reconciliation.