The restriction of freedom of speech on the grounds of national security in the case-law of the United States Supreme Court
2025
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Advisor: Doç. Dr. İsmail Köküsarı
Abstract (EN)
This thesis is in two parts. The first section examines the historical and philosophical development of freedom of speech in the United States before and after the First Amendment. It also discusses the Supreme Court's approach to freedom of expression and the vagueness and overbreadth doctrines. In addition, the Court's categorical approach; the levels of control adopted for protected expressions and the categories of unprotected expressions are included. Then, the concept of national security is examined. The second section discusses the criteria applied by the Supreme Court in cases where freedom of speech is restricted on the grounds of national security. First, general doctrines and levels of scrutiny and the prior restriction are examined. Then, the clear and present danger test applied to review restrictions on unprotected expression; and the balancing test and the approach of absolute protection of freedom of expression are analyzed in terms of theoretical and practical aspects within the framework of the Court's decisions.
Author
Dr. Erdoğan Keskin
Institution
How to Cite
Erdoğan Keskin (Doctorate thesis). The restriction of freedom of speech on the grounds of national security in the case-law of the United States Supreme Court, 2025, Erzincan Binali Yıldırım University.
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