Human Rights: Group Defamation, Freedom of Expression and the Law of Nations PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Human Rights: Group Defamation, Freedom of Expression and the Law of Nations PDF full book. Access full book title Human Rights: Group Defamation, Freedom of Expression and the Law of Nations by Thomas David Jones. Download full books in PDF and EPUB format.
Author: Thomas David Jones
Publisher: BRILL
ISBN: 9004481672
Category : Law
Languages : en
Pages : 333
Get Book
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.
Author: Thomas David Jones
Publisher: BRILL
ISBN: 9004481672
Category : Law
Languages : en
Pages : 333
Get Book
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.
Author: Geoffrey R. Stone
Publisher:
ISBN:
Category : Constitutional amendments
Languages : en
Pages : 30
Get Book
Book Description
Author: Monore H. Freedman
Publisher: Praeger
ISBN:
Category : Law
Languages : en
Pages : 392
Get Book
Book Description
Examines the issue of group defamation from a variety of perspectives.
Author: Cass R. Sunstein
Publisher: Simon and Schuster
ISBN: 1439105359
Category : History
Languages : en
Pages : 554
Get Book
Book Description
Freedom of speech is one of our greatest legal rights and Cass Sunstein is one of our greatest legal theorists. This book is a must read for anyone who wants to think seriously about the free speech issues facing this generation. -- Akhil Amar, Southmayd Professor, Yale Law School This is an important book. Beautifully clear and carefully argued, Sunstein's contribution reaches well beyond the confines of academic debate. It will be of interest to any citizen concerned about freedom of speech and the current state of American democracy. -- Joshua Cohen, Massachusetts Institute of Technology How can our constitutional protection of free speech serve to strengthen democracy? Cass Sunstein challenges conventional answers with a remarkable array of lucid arguments and legal examples. There is no better book on the subject. -- Amy Gutmann, Laurance S. Rockefeller University Professor, Princeton University
Author: United States. Congress. House. Committee on the Judiciary
Publisher:
ISBN:
Category : Libel and slander
Languages : en
Pages : 28
Get Book
Book Description
Author: Pyeng Hwa Kang
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book
Book Description
The law of group defamation is habitually confronted by objections on two fronts. First, in the tort of group defamation, the law requires that the member claiming injury is able to establish that the defamatory statement was "of and concerning" him personally, and thus that the prejudice was subjective and individualized by nature. Courts have traditionally refused to admit cause of action if the involved group was too large. The harm caused by such group-targeting expression is presumed to be somehow lessened by its generalized formulation, defaming the group as a whole as opposed to individual member(s). Therefore, it does not constitute sufficiently individualized harm to an identifying member of the group. Second, on a broader, constitutional level, group libel laws appear to contravene the very order of system of fundamental rights given the reverence freedom of expression commands in democratic societies. The present thesis argues otherwise. The study opines that the harm in group defamation that degrades fundamental characteristics such as race or ethnicity can indeed give rise to individual prejudice because it is a form of harm to identity. In doing so, the study first critically reexamines laws on (group) defamation, related relevant laws, and their constitutional treatment in the American and Canadian legal systems. The thesis offers a new way of reconceptualizing harm in group defamatory speech grounded on an identity-based framework.
Author: Paul Weis
Publisher:
ISBN:
Category : Antisemitism
Languages : en
Pages : 48
Get Book
Book Description
Author:
Publisher:
ISBN:
Category : Libel and slander
Languages : en
Pages : 118
Get Book
Book Description
Author: David Price
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 596
Get Book
Book Description
Author: Ireland. Legal Advisory Group on Defamation
Publisher:
ISBN: 9780755716432
Category : Libel and slander
Languages : en
Pages : 122
Get Book
Book Description
