Thursday, December 3, 2020
Tao Huang, Duke University School of Law, is publishing Freedom of Speech as a Right to Know in volume 89 of the University of Cincinnati Law Review (2020). Here is the abstract.
Since its birth, the right to know and the related practice of open information were based on the constitutional right of free speech. The opposite point, which is understudied, is also true: the right to know also forms the basis of freedom of speech, or even, freedom of speech is mainly the right to know. On the one hand, to know is necessary for expression, as it serves both the interests of speakers and listeners, and the normative values behind them; on the other, to know is more urgently needed for us to express ourselves in the information era. To reshape the freedom of speech by the right to know has both implications for theory and practice. In designing the right in practice, we need to compare different modes of legislation and consider its scope and strength.
Download the article from SSRN at the link.