## INTRODUCTION

A system of freedom of expression, operating in a modern democratic society, is a complex mechanism. At its core is a group of rights assured to individual members of the society. This set of rights, which makes up our present-day concept of free expression, includes the right to form and hold beliefs and opinions on any subject, and to communicate ideas, opinions and information through any medium,--in speech, writing, music, art or in other ways. To some extent it involves the right to remain silent. From the obverse side it includes the right to hear the views of others and to listen to their version of the facts. It encompasses the right to inquire and, to a degree, the right of access to information. As a necessary corollary, it embraces the right to assemble and to form associations, that is to combine with others in joint expression.

Any system of freedom of expression must also embody principles through which exercise of these rights by one individual or group may be reconciled with equal opportunity for other individuals or groups to enjoy them. And the rights of all in freedom of expression must likewise be reconciled with other individual and social interests. It is this process of reconciliation that has given rise to most of the controversial issues in the past and continues to be the major focus of attention today.

Assurance of these rights to freedom of expression involves, as one major aspect, limitations upon the power of the state to interfere with or abridge them. But the state also has a more