Right/Freedom of Expression/Utilitarian - Fairness

Freedom of Expression

History | Legal Codification | Philosophical Origins | Culture and Politics | Conflicts with other Rights | Limitations / Restrictions | Utilitarian / Fairness Assessments | Looking Ahead | Policy Recommendations

Is there a cost attached to protecting and enforcing this right? What kinds of costs are implicated?

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Short-term economic cost in general

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Long-term economic cost in general

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Cost to those least able to economically absorb the cost

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Cost to perceived democratic legitimacy

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Cost to consistency or coherence of the law as a whole

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Cost to the legitimacy or effectiveness of other rights

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Cost to considerations of social equality

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Cost to other non-material goods not so far specified

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What are the financial consequences, if any, of making this right a legally protectable right?

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Are there any groups that are uniquely disadvantaged by the exercise of this right?

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Are there any groups that uniquely benefit from the exercise of this right?

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Are there instances when this fundamental right can lead to unfairness or inequities?

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Are there objective ways to measure the utilitarian nature of this right?

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If so, where can one draw the line: when does this right stop being useful or economically viable?

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