Bibliographic record
Abstract
Abstract This chapter studies the depth of judicial and scholarly consensus respecting the principle of proportionality and offers an expository and critical account of proportionality analysis. The fact of disagreement between and within jurisdictions need not deny that the principle of proportionality has merit. However, it does put in doubt the confident claims by some proponents that proportionality is ‘essential’, ‘indispensable’, and ‘unavoidable’ and that, when it comes to rights, it ‘is all and only about proportionality’. To explore these thoughts, and to demonstrate how much of the US debates from the 1950s and 1960s remain apposite today, the chapter explores the appeal of proportionality and balancing for the adjudication of freedom of expression claims and then reviews proportionality’s four evaluations. It concludes by considering the idea that freedom of expression cannot be absolute. It is an idea that is oft-repeated, but one that is based on a mistaken premise.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.018 | 0.034 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.004 | 0.042 |
| Scholarly communication | 0.011 | 0.012 |
| Open science | 0.002 | 0.006 |
| Research integrity | 0.003 | 0.008 |
| Insufficient payload (model declined to judge) | 0.009 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".