2002 03 01 book reviews

challenges from forces that, if left unrestrained, would destroy the institutions of free society and respect for human rights. It is an interdisciplinary work that employs ethics, liberal philosophy, and legal and media studies to outline the boundaries to freedom of expression and media freedom.

Although the basic perspective is the emphasis on the liberal paradigm of the freedom of expression, the author substantially develops argumentations towards restrictions on the freedom of expression and press freedom. The first chapter, for instance, criticises the Supreme Court judgement in the famous Skokie-case. The conclusion of Cohen-Almagor in applying "the offence principle" is that "we have to be aware of the dangers of words, and restrict certain forms of expression when designated as levers to harmful, discriminatory actions; for words, to a great extent, are prescriptions for actions". In another part of the first chapter the author criticises a general ban to demonstrate outside private houses of politicians or on picketing private homes of public officials. But he also develops the arguments why a democracy may set regulations of time, place and manner substantially restricting the activity of pickets and the modalities of demonstrations at private places. In the last part of the first chapter the author comes to the conclusion that it is right and necessary to restrict the competition of parties in elections in as far as they endanger the very existence of the state or its democratic foundations. Anti-democratic parties should not be eligible to take part in the elections so as to enable them to further their ends. A political party that negates the basic requirements of democracy and resorts to violence to further its discriminatory ideas disqualifies itself from the right to participate in the democratic process. According to Cohen-Almagor, no evidence of danger is needed when a list aims to undermine democracy (or the state!): "the evidence that is required concerns the content of the political platform of the list in question, the list's intentions, and the fact that violent acts were undertaken to accomplish the declared aims".

The next chapters of the book focus on the debate of the freedom of the press and the ethics of journalism, especially in relation to other human rights such as the right of privacy and the rights of others. The author emphasises the importance of self-regulation by the media sector and the establishment of performant press councils or media councils with significant powers of sanction. According to Cohen-Almagor, these councils should not only have the power to impose significant fines on newspapers for gross misconduct, but should also have the ability to suspend journalists and even the publication of newspapers. At the very least a very controversial point of view.