Salje, L.-C. and Simpson, R. (Cover date: June 2024) Composing Thoughts: free speech and the importance of thinking aloud in music and images. Legal Theory, 30 (2). pp. 83-104. ISSN 1352-3252
Abstract
Why should musical compositions and artistic images be included among the types of expression covered by free speech principles? One way to answer this question is to show how expression in nonverbal media can be functionally similar to other types of verbal expression. But this leaves us with an intuitively unsatisfying explanation of why free speech principles cover nonverbal creative expression that does not functionally emulate literal speech. In this article, as an alternative justification, we develop and defend the idea that musical and pictorial expression‚ much like literal speech, can be media through which people think aloud, as opposed to mere tools for the transmission of thought. We use this proposal to provide a more robust justification for including nonverbal creative expression in the scope of free speech coverage, and we outline some of the practical policy implications that come with adopting this justificatory strategy.
Metadata
Item Type: | Article |
---|---|
Authors/Creators: |
|
Copyright, Publisher and Additional Information: | © The Author(s), 2024. Published by Cambridge University Press. This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0), which permits unrestricted re-use, distribution and reproduction, provided the original article is properly cited. |
Dates: |
|
Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Arts, Humanities and Cultures (Leeds) > School of Philosophy, Religion and History of Science (Leeds) > School of Philosophy (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 19 Jun 2024 14:41 |
Last Modified: | 10 Feb 2025 16:46 |
Status: | Published |
Publisher: | Cambridge University Press |
Identification Number: | 10.1017/S1352325224000077 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:213583 |