Defamation and Freedom of Speech

Defamation and Freedom of Speech PDF Author: Dario Milo
Publisher: Oxford University Press, USA
ISBN:
Category : Language Arts & Disciplines
Languages : en
Pages : 394

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Book Description
The book examines the law of defamation, and argues that it must be reformed in a number of ways in order to balance two important constitutional rights, the right to reputation and the right to freedom of expression. The book analyses how far the media and others should be entitled to go in reporting on important matters of public interest in society, such as corruption and misconduct in public office. It also examines where the line should be drawn between a public figure's public and private life.

Defamation and Freedom of Speech

Defamation and Freedom of Speech PDF Author: Dario Milo
Publisher: Oxford University Press, USA
ISBN:
Category : Language Arts & Disciplines
Languages : en
Pages : 394

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Book Description
The book examines the law of defamation, and argues that it must be reformed in a number of ways in order to balance two important constitutional rights, the right to reputation and the right to freedom of expression. The book analyses how far the media and others should be entitled to go in reporting on important matters of public interest in society, such as corruption and misconduct in public office. It also examines where the line should be drawn between a public figure's public and private life.

Freedom of expression and defamation

Freedom of expression and defamation PDF Author: Tarlach McGonagle
Publisher: Council of Europe
ISBN: 9287183473
Category : Political Science
Languages : en
Pages : 72

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Book Description
Freedom of expression and defamation: where do we draw the line? Freedom of expression is a fundamental freedom, one of the cornerstones of democracy in Europe, enshrined in various key texts, including the European Convention on Human Rights. But the boundaries between freedom to criticise and damaging a person’s honour or reputation are not always very clear. By defining public insults and defamation, the law can set limits on freedom of expression, which is neither absolute nor boundless. But how far can it go? This study examines the details of the European Court of Human Right’s case law on defamation. It explores a range of substantive and procedural issues that the Court has considered, and clarifies the concept of defamation, positioning it in relation to freedom of expression and public debate. It explains how overly protective defamation laws can have a chilling effect on freedom of expression and public debate, and discusses the proportionality of defamation laws and their application.

Defamation, Libel Tourism and the SPEECH Act of 2010

Defamation, Libel Tourism and the SPEECH Act of 2010 PDF Author:
Publisher: Cambria Press
ISBN: 1621969436
Category :
Languages : en
Pages : 371

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Book Description


The Oxford Handbook of Freedom of Speech

The Oxford Handbook of Freedom of Speech PDF Author: Adrienne Stone
Publisher:
ISBN: 019882758X
Category : Law
Languages : en
Pages : 609

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Book Description
Explores the key rationales and principles that underpin our understanding of free speech, Provides a comprehensive overview of freedom of speech as a legal principle in national and supranational settings, This volume is divided into three parts, with part one outlining the history of the idea of the freedom of speech. Part two discusses freedom of speech as a legal principle and part three surveys the key controversies in its application. Book jacket.

Human Rights: Group Defamation, Freedom of Expression and the Law of Nations

Human Rights: Group Defamation, Freedom of Expression and the Law of Nations PDF Author: Thomas David Jones
Publisher: BRILL
ISBN: 9004481672
Category : Law
Languages : en
Pages : 333

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Book Description
In his book Human Rights: Group Defamation, Freedom of Expression and the Law of Nations, Thomas David Jones presents a discussion and analysis of the laws governing group defamation and speech inciteful of racial hatred in Great Britain, Canada, India, Nigeria, and the United States. Although there exists no federal group defamation law in the United States, a few state legislatures have promulgated group defamation statutes, while a cause of action for group defamation has been recognized as justiciable in the decision law of other states. Mr Jones describes his theory as constitutional minimalism because he does not advocate the legal proscription of all derogatory hate speech. Only the sub-category of hate speech that fulfills the standard elements of proof found in common law defamation claim will be prosecuted criminally by the federal government. The author further asserts that a carefully and narrowly drafted federal criminal group defamation statute will pass constitutional muster without creating a conflict with First Amendment rights.

The Fight for Free Speech

The Fight for Free Speech PDF Author: Ian Rosenberg
Publisher: NYU Press
ISBN: 1479825913
Category : Law
Languages : en
Pages : 311

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Book Description
A user’s guide to understanding contemporary free speech issues in the United States Americans today are confronted by a barrage of questions relating to their free speech freedoms. What are libel laws, and do they need to be changed to stop the press from lying? Does Colin Kaepernick have the right to take a knee? Can Saturday Night Live be punished for parody? While citizens are grappling with these questions, they generally have nowhere to turn to learn about the extent of their First Amendment rights. The Fight for Free Speech answers this call with an accessible, engaging user’s guide to free speech. Media lawyer Ian Rosenberg distills the spectrum of free speech law down to ten critical issues. Each chapter in this book focuses on a contemporary free speech question—from student walkouts for gun safety to Samantha Bee’s expletives, from Nazis marching in Charlottesville to the muting of adult film star Stormy Daniels— and then identifies, unpacks, and explains the key Supreme Court case that provides the answers. Together these fascinating stories create a practical framework for understanding where our free speech protections originated and how they can develop in the future. As people on all sides of the political spectrum are demanding their right to speak and be heard, The Fight for Free Speech is a handbook for combating authoritarianism, protecting our democracy, and bringing an understanding of free speech law to all.

Free Speech in Its Forgotten Years, 1870-1920

Free Speech in Its Forgotten Years, 1870-1920 PDF Author: David M. Rabban
Publisher: Cambridge University Press
ISBN: 9780521655378
Category : History
Languages : en
Pages : 426

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Book Description
Most American historians and legal scholars incorrectly assume that controversies and litigation about free speech began abruptly during World War I. However, there was substantial debate about free speech issues between the Civil War and World War I. Important free speech controversies, often involving the activities of sex reformers and labor unions, preceded the Espionage Act of 1917. Scores of legal cases presented free speech issues to Justices Holmes and Brandeis. A significant organization, the Free Speech League, became a principled defender of free expression two decades before the establishment of the ACLU in 1920. World War I produced a major transformation in American liberalism. Progressives who had viewed constitutional rights as barriers to needed social reforms came to appreciate the value of political dissent during its wartime repression. They subsequently misrepresented the prewar judicial hostility to free speech claims and obscured prior libertarian defenses of free speech based on commitments to individual autonomy.

Make No Law

Make No Law PDF Author: Anthony Lewis
Publisher: Vintage
ISBN: 0307787826
Category : Political Science
Languages : en
Pages : 369

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Book Description
A crucial and compelling account of New York Times Co. v. Sullivan, the landmark Supreme Court case that redefined libel, from the Pulitzer Prize–winning legal journalist Anthony Lewis. The First Amendment puts it this way: "Congress shall make no law...abridging the freedom of speech, or of the press." Yet, in 1960, a city official in Montgomery, Alabama, sued The New York Times for libel—and was awarded $500,000 by a local jury—because the paper had published an ad critical of Montgomery's brutal response to civil rights protests. The centuries of legal precedent behind the Sullivan case and the U.S. Supreme Court's historic reversal of the original verdict are expertly chronicled in this gripping and wonderfully readable book by the Pulitzer Prize Pulitzer Prize–winning legal journalist Anthony Lewis. It is our best account yet of a case that redefined what newspapers—and ordinary citizens—can print or say.

SLAPPs

SLAPPs PDF Author: George William Pring
Publisher: Temple University Press
ISBN: 9781566393690
Category : Law
Languages : en
Pages : 300

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Book Description
In a democracy that for over 200 years has prided itself on public participation and citizen involvement in government, thousands have been and will be the targets of multi-million-dollar lawsuits. They will be sued for such "all-American" activities as circulating a petition, writing a letter to the editor, testifying at a public hearing, reporting violations of the law, filing an official complaint, lobbying for legislation, or otherwise communicating their views. Such cases, named "Strategic Lawsuits Against Public Participation," with their apropos acronym, SLAPPs, are a shocking abuse of one of our most basic political rights - the Right to Petition. So extensive and grievous is the phenomenon that Justice Nicholas Colabella remarked, "Short of a gun to the head, a greater threat to First Amendment expression can scarcely be imagined."George W. Pring and Penelope Canan explore the full range of SLAPP stories in this first study of SLAPPs - retaliatory lawsuits by real estate developers; teachers; police; politicians; opponents of civil rights; consumers' rights; women's rights; and many others. This comprehensive book examines what happens to the targets of SLAPPs and what is happening to public participation in American politics. Addressing the ultimate dilemma - what can be done to turn the tables and fight back - Pring and Canan offer concrete, well-supported, balanced solutions for preventing, managing, and curing SLAPPs at all levels of government. Author note: George W. Pring is Professor of Law at the University of Denver. >P>Penelope Canan is Associate Professor of Sociology at the University of Denver. They are the co-directors of the Political Litigation Project at the University of Denver.

Comparative Perspectives on Freedom of Expression

Comparative Perspectives on Freedom of Expression PDF Author: Russell L. Weaver
Publisher:
ISBN: 9781611637304
Category : Freedom of speech
Languages : en
Pages : 298

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Book Description
This book includes papers from the First Amendment Discussion Forum and the Defamation Discussion Forum, which focused on two topics: the intersection between freedom of expression and criminal law and the evolving nature of defamation law. The free speech papers examine a variety of important and interesting issues: advocacy of illegal action (from both U.S. and Hungarian perspectives); justifications for criminalizing sexual speech; character evidence; and violent videos and the protection of juveniles. The Global Papers Series involves publications of papers by nationally and internationally prominent legal scholars on a variety of important legal topics, including administrative law, freedom of expression, defamation and criminal law. The books in this series present the work of scholars from different nations who bring diverse perspectives to the issues under discussion.