Freedom of Expression: the inner Side

The right to freedom of expression protects, as its inner side, the development of free personality. This project aims at studying the structure of the right to freedom of expression from a legal and a philosophical point of view. Freedom of expression will be understood in a broad sense, comprising the freedom of speech of the First Amendment to the US-Constitution as well as the right under the European Convention on Human Rights and the Austrian and German "Meinungsfreiheit". It will be the main task of this research project to review and analyse the international jurisdiction and legal literature on freedom of expression as to their view of the development of free personality. What is their idea of women and men expressing themselves freely? What are the presuppositions on free will and free personality contained in the judgments? In my project I will work along the following hypotheses: 1. The jurisdiction on freedom of expression has established that this fundamental right, besides its importance for the democratic institutions, also aims at protecting the development of free personality. 2. This jurisdiction presupposes or assumes a concept of free personality close to the theory expressed in the philosophy of Hegel. 3. Hegel`s social philosophy is based on the expression of individual freedom. His concept of a free will, however, cannot be upheld in today`s philosophical discourse. 4. It is possible to formulate the intentions of both Hegel and the courts along the guidelines of Wittgenstein`s thoughts on psychological notions. Free personality can then be understood as forming part of our common way of life. 5. The right to freedom of expression shall consequently protect essential features of the way we see ourselves and without which we would lose a basic component of our cultural tradition.