Structure of the System of Freedom of Expression

The structure of the Freedom of Expression is based on three things; values and functions, the dynamics of limitations of the freedom of expression and the role of law and legal institutions. The values and functions states that  the freedom of expression in democratic society rest of four main premises. The dynamics of limitations on the freedom of expression states that powerful forces impel men toward the elimination of unorthodox expression. It also states that it is difficult to frame precise limitations.  “The object of the limitation is usually not the expression itself but its feared consequences.”  “The apparatus of government required for enforcement of limitations on expression, by its very nature, tends towards administrative extremes.” And lastly it says that  “Limitations are seldom applied except in an atmosphere of public fear and hysteria.” The role of law and legal institutions says that the system of freedom of expression is design to encourage a degree of conflict within society. The system of freedom of expression is complex and the legal process offers a method by which society controls itself, limiting its own powers in the interests of the individual. The primary legal institutions upon which we rely for implementing the principles of free expression are: a written constitution embodying a statement of the rights guaranteed to the individual, an independent judiciary possessing the power of judicial review over legislative and executive action and an independent bar.