著者
築山 欣央
出版者
日本法政学会
雑誌
法政論叢 (ISSN:03865266)
巻号頁・発行日
vol.53, no.2, pp.139, 2017 (Released:2017-11-01)
著者
築山 欣央
出版者
日本法政学会
雑誌
法政論叢 (ISSN:03865266)
巻号頁・発行日
vol.39, no.1, pp.94-105, 2002-11-15 (Released:2017-11-01)

In modern society, the scene where a state participates in freedom of expression positively is seen not infrequently. For example, there is support about exhibition of a fine-arts worek, and subsidy aiming at promotion of media art, such as a movie. In oder to promote expression, when the assistance and the support by the state are made, by law, to a receiver, conditions are attached oe selection by the state is made from two or more proposers. Traditional Freedom of expression principle has been chiefly aimed at the positive regulation by the state.For example, they are penal regulations or prior restraint. However, how should the relation between freedom of expression and state be considered by assistance which is not so? This report introduces the argument in the court case and the theory in the United States, and considers the problem of Government-Funded Speech.