Toward a World Rule of Law: Freedom of Expression

• DOI: 10.1177/0002716205282120
• Date: 01 January 2006
• Author: Kurt Wimmer
• Published date: 01 January 2006
• Subject Matter: Articles

10.1177/0002716205282120THE ANNALS OF THE AMERICAN ACADEMYTOWARD A WORLD RULE OF LAW January603

Freedom of expression is guaranteed by international

treaties, but countries differ significantly in their view of

the meaning of “free expression” and how it should be

protected. Before the emergence of the Internet, each

country could workably set its own ceiling forthe protec-

tion of expression without having an adverse impact on

other countries that might make a different choice. The

borderless nature of the Internet makes it more difficult

for despots and dictators to limit the access of their citi-

zens to information from outside their countries’ bor-

ders. But the conflict represented by this medium

expresses itself in legitimate disputes over the applica-

tion of national law.Each nation must apply its own rules

of law without diminishing the freedomsavailable to citi-

zens of other states. This article suggests that nations

focus on applying the law of the country in which speech

originates, following the view of the European Union.

Keywords: free expression; First Amendment;

Internet; international law; hate speech;

choice of law; jurisdiction

Introduction

Freedom of expression and of the media is

inextricably tied to freedom of conscience, free-

dom of thought, and the ability to exercise politi-

cal will. It has long been seen as a necessary con-

dition for effective civil society (Emerson 1970,

6-8; Bickel 1976, 62-63). More recently, others

involved in fostering civil society in developing

countries have noted that free expression is

202 ANNALS, AAPSS, 603, January 2006

Kurt Wimmer is a partner in the Washington, D.C.,

office of international law firm Covington & Burling and

is the cochair of its technology, media, and communica-

tions group. He is chair of the First Amendment Advi-

sory Council of the Media Institute, president of the

Defense Counsel Section of the Media Law Resource

Center,and chair of the board of directors of the Interna-

tional Research Exchanges Board. In addition to repre-

senting media companies in the United States, he has

advised journalists and legislators on free expression

issues in some twenty countries. From 2000 to 2003, he

was managing partner of Covington & Burling’s office in

London. He earned his J.D. from Syracuse University

College of Law.

DOI: 10.1177/0002716205282120

Toward a World

Rule of Law:

Freedom of

Expression

By

KURT WIMMER