法政論叢
Online ISSN : 2432-1559
Print ISSN : 0386-5266
ISSN-L : 0386-5266
表現しない自由と表現の「帰属」
横大道 聡
著者情報
ジャーナル フリー

2008 年 44 巻 2 号 p. 50-67

詳細
抄録

Most scholars say that "freedom of speech" includes "freedom not to speak". But what about the Freedom not to speak is infringed? How can we decide when freedom not to speak is restricted? The aim of this paper is to demonstrate that question, focusing on cases and theory in the United States. By analyzing many cases, I distinguished the "freedom not to speak" based on "freedom of thought" from "freedom not to speak" based on "freedom of speech", and maintain that the former is infringed if government coerces someone to speak on a political or ideological matter, the latter is infringed only if the listener understand that the expression which is not related to political or ideological matter coerced by government is being attributed to the speaker. That is to say, the freedom not to speak based on "freedom of speech" means the right of an individual to not have expressions contrary to his thinking attributed to him by government. Underlying that understanding, I urge, the harm caused by the forced expression is not to the speaker, but to the listener's interest. This understanding may have many difficulties, but it also has much practical significance worthy of consideration.

著者関連情報
© 2008 日本法政学会
前の記事 次の記事
feedback
Top