Document Type
Article
Date
11-7-2024
Keywords
european court of human rights, supreme court of brazil, supreme court of the united states, freedom of expression, democratic backsliding, democratic erosion
Disciplines
Political Science
Description/Abstract
Constitutional democracy is in crisis, and threats to free speech are a substantial part of the story. This paper describes some key recurring patterns of free speech conflict under conditions of democratic backsliding, with special attention to the role of European, Brazilian, and U.S. courts in responding to such conflicts. In particular, it reviews whether and to what extent courts serve as reliable democratic guardrails when state actors seek to restrict the speech of opposition politicians and protesters, relatively powerless minority groups, and independent journalists and scholars. It also reviews whether and to what extent courts allow greater leeway for state actors to restrict system-threatening extremist speech. And finally, it reviews the response by courts to defamation claims that cut across this extremist/non-extremist divide.
Recommended Citation
Keck, Thomas, "Free Speech, Academic Freedom, and Democratic Backsliding in the Trump-Era United States" (2024). Political Science - All Scholarship. 7.
https://surface.syr.edu/psc/7
Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.
