Friday, February 12, 2021
Niall Coghlan, European University Institute; Lincoln's Inn, has published Are Our Laws on Freedom of Speech Fit for Purpose in the Age of 'Cancel Culture'?, the winner of the Jonathan Brock QC Memorial Prize Essay 2020. Here is the abstract.
Cancel culture is paradoxical. It is both a form of and threat to free speech. Consequently, law should neither absolutely protect nor absolutely suppress it. Rather, law’s primary role is to foster a culture that values free speech. The essay begins by outlining the nature of free speech (I) and cancel culture (II). It then addresses the chief difficulty raised by this question: how cancel culture fits within our free speech tradition (III). It finally proposes three legal reforms (IV).
Download the essay from SSRN at the link.