Positive Free Speech

Positive Free Speech PDF Author: Andrew T Kenyon
Publisher: Bloomsbury Publishing
ISBN: 1509908293
Category : Law
Languages : en
Pages : 213

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Book Description
Complicating Freedom : Investigating Positive Free Speech / Andrew T Kenyon -- Providing a Platform for Speech : Possible Duties and Responsibilities / -- Thomas Gibbons -- Positive Protection for Speech and Substantive Political Equality / Jacob Rowbottom -- The Access to Information Dimension of Positive Free Speech / Andrew Scott and Abbey Burke -- Promoting Civic Discourse : A Form of Positive Free Speech under the Constitution of Ireland? / Eoin Carolan -- Th e State of Affairs of Freedom : Implications of German Broadcasting Freedom / Andrew T Kenyon -- The Collective Speech Rights of Minorities / Sally Broughton Micova -- The Positive Right to Freedom of Expression and Party Anonymity in Legal Proceedings / Merris Amos -- Positive Free Speech and Public Access to Courts / Judith Townend -- Hiding the Truth in the Shadow of the Law? : Addressing the Misuse of Confidentiality Clauses in Public Authority Contracts / Andrew Scott -- Speaking and Governing through Freedom of Access to Environmental -- Information / Mélanie Dulong de Rosnay and Laura Maxim.

Positive Free Speech

Positive Free Speech PDF Author: Andrew T Kenyon
Publisher: Bloomsbury Publishing
ISBN: 1509908293
Category : Law
Languages : en
Pages : 213

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Book Description
Complicating Freedom : Investigating Positive Free Speech / Andrew T Kenyon -- Providing a Platform for Speech : Possible Duties and Responsibilities / -- Thomas Gibbons -- Positive Protection for Speech and Substantive Political Equality / Jacob Rowbottom -- The Access to Information Dimension of Positive Free Speech / Andrew Scott and Abbey Burke -- Promoting Civic Discourse : A Form of Positive Free Speech under the Constitution of Ireland? / Eoin Carolan -- Th e State of Affairs of Freedom : Implications of German Broadcasting Freedom / Andrew T Kenyon -- The Collective Speech Rights of Minorities / Sally Broughton Micova -- The Positive Right to Freedom of Expression and Party Anonymity in Legal Proceedings / Merris Amos -- Positive Free Speech and Public Access to Courts / Judith Townend -- Hiding the Truth in the Shadow of the Law? : Addressing the Misuse of Confidentiality Clauses in Public Authority Contracts / Andrew Scott -- Speaking and Governing through Freedom of Access to Environmental -- Information / Mélanie Dulong de Rosnay and Laura Maxim.

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.

Free Speech

Free Speech PDF Author: Jacob Mchangama
Publisher: Basic Books
ISBN: 154162033X
Category : Political Science
Languages : en
Pages : 430

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Book Description
“The best history of free speech ever written and the best defense of free speech ever made.” —P.J. O’Rourke Hailed as the “first freedom,” free speech is the bedrock of democracy. But it is a challenging principle, subject to erosion in times of upheaval. Today, in democracies and authoritarian states around the world, it is on the retreat. In Free Speech, Jacob Mchangama traces the riveting legal, political, and cultural history of this idea. Through captivating stories of free speech’s many defenders—from the ancient Athenian orator Demosthenes and the ninth-century freethinker al-Rāzī, to the anti-lynching crusader Ida B. Wells and modern-day digital activists—Mchangama reveals how the free exchange of ideas underlies all intellectual achievement and has enabled the advancement of both freedom and equality worldwide. Yet the desire to restrict speech, too, is a constant, and he explores how even its champions can be led down this path when the rise of new and contrarian voices challenge power and privilege of all stripes. Meticulously researched and deeply humane, Free Speech demonstrates how much we have gained from this principle—and how much we stand to lose without it.

HATE

HATE PDF Author: Nadine Strossen
Publisher: Oxford University Press
ISBN: 019085913X
Category : Law
Languages : en
Pages : 233

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Book Description
The updated paperback edition of HATE dispels misunderstandings plaguing our perennial debates about "hate speech vs. free speech," showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony. As "hate speech" has no generally accepted definition, we hear many incorrect assumptions that it is either absolutely unprotected or absolutely protected from censorship. Rather, U.S. law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm. Yet, government may not punish such speech solely because its message is disfavored, disturbing, or vaguely feared to possibly contribute to some future harm. "Hate speech" censorship proponents stress the potential harms such speech might further: discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters the feared injuries. Citing evidence from many countries, this book shows that "hate speech" are at best ineffective and at worst counterproductive. Therefore, prominent social justice advocates worldwide maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.

Free Speech on Campus

Free Speech on Campus PDF Author: Erwin Chemerinsky
Publisher: Yale University Press
ISBN: 0300231865
Category : Political Science
Languages : en
Pages : 216

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Book Description
Can free speech coexist with an inclusive campus environment? Hardly a week goes by without another controversy over free speech on college campuses. On one side, there are increased demands to censor hateful, disrespectful, and bullying expression and to ensure an inclusive and nondiscriminatory learning environment. On the other side are traditional free speech advocates who charge that recent demands for censorship coddle students and threaten free inquiry. In this clear and carefully reasoned book, a university chancellor and a law school dean—both constitutional scholars who teach a course in free speech to undergraduates—argue that campuses must provide supportive learning environments for an increasingly diverse student body but can never restrict the expression of ideas. This book provides the background necessary to understanding the importance of free speech on campus and offers clear prescriptions for what colleges can and can’t do when dealing with free speech controversies.

The Irony of Free Speech

The Irony of Free Speech PDF Author: Owen Fiss
Publisher: Harvard University Press
ISBN: 9780674036918
Category : Political Science
Languages : en
Pages : 122

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Book Description
How free is the speech of someone who can't be heard? Not very--and this, Owen Fiss suggests, is where the First Amendment comes in. In this book, a marvel of conciseness and eloquence, Fiss reframes the debate over free speech to reflect the First Amendment's role in ensuring public debate that is, in Justice William Brennan's words, truly uninhibited, robust, and wide-open. Hate speech, pornography, campaign spending, funding for the arts: the heated, often overheated, struggle over these issues generally pits liberty, as embodied in the First Amendment, against equality, as in the Fourteenth. Fiss presents a democratic view of the First Amendment that transcends this opposition. If equal participation is a precondition of free and open public debate, then the First Amendment encompasses the values of both equality and liberty. By examining the silencing effects of speech--its power to overwhelm and intimidate the underfunded, underrepresented, or disadvantaged voice--Fiss shows how restrictions on political expenditures, hate speech, and pornography can be defended in terms of the First Amendment, not despite it. Similarly, when the state requires the media to air voices of opposition, or funds art that presents controversial or challenging points of view, it is doing its constitutional part to protect democratic self-rule from the aggregations of private power that threaten it. Where most liberal accounts cast the state as the enemy of freedom and the First Amendment as a restraint, this one reminds us that the state can also be the friend of freedom, protecting and fostering speech that might otherwise die unheard, depriving our democracy of the full range and richness of its expression.

Protecting the right to freedom of expression under the European Convention on Human Rights

Protecting the right to freedom of expression under the European Convention on Human Rights PDF Author: Bychawska-Siniarska, Dominika
Publisher: Council of Europe
ISBN:
Category : Political Science
Languages : en
Pages : 124

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Book Description
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

On Liberty

On Liberty PDF Author: John Stuart Mill
Publisher: Createspace Independent Publishing Platform
ISBN: 9781536930368
Category :
Languages : en
Pages : 102

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Book Description
In his much quoted, seminal work, On Liberty, John Stuart Mill attempts to establish standards for the relationship between authority and liberty. He emphasizes the importance of individuality which he conceived as a prerequisite to the higher pleasures-the summum bonum of Utilitarianism. Published in 1859, On Liberty presents one of the most eloquent defenses of individual freedom and is perhaps the most widely-read liberal argument in support of the value of liberty.

Free Speech

Free Speech PDF Author: Timothy Garton Ash
Publisher: Yale University Press
ISBN: 0300161360
Category : Political Science
Languages : en
Pages : 701

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Book Description
Never in human history was there such a chance for freedom of expression. If we have Internet access, any one of us can publish almost anything we like and potentially reach an audience of millions. Never was there a time when the evils of unlimited speech flowed so easily across frontiers: violent intimidation, gross violations of privacy, tidal waves of abuse. A pastor burns a Koran in Florida and UN officials die in Afghanistan. Drawing on a lifetime of writing about dictatorships and dissidents, Timothy Garton Ash argues that in this connected world that he calls cosmopolis, the way to combine freedom and diversity is to have more but also better free speech. Across all cultural divides we must strive to agree on how we disagree. He draws on a thirteen-language global online project—freespeechdebate.com—conducted out of Oxford University and devoted to doing just that. With vivid examples, from his personal experience of China's Orwellian censorship apparatus to the controversy around Charlie Hebdo to a very English court case involving food writer Nigella Lawson, he proposes a framework for civilized conflict in a world where we are all becoming neighbors.

Free Speech and Hate Speech in the United States

Free Speech and Hate Speech in the United States PDF Author: Chris Demaske
Publisher: Routledge
ISBN: 1000203417
Category : Social Science
Languages : en
Pages : 198

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Book Description
Free Speech and Hate Speech in the United States explores the concept and treatment of hate speech in light of escalating social tensions in the global twenty-first century, proposing a shift in emphasis from the negative protection of individual rights toward a more positive support of social equality. Drawing on Axel Honneth’s theory of recognition, the author develops a two-tiered framework for free speech analysis that will promote a strategy for combating hate speech. To illustrate how this framework might impact speech rights in the U.S., she looks specifically at hate speech in the context of symbolic speech, disparaging speech, internet speech and speech on college campuses. Entering into an ongoing debate about the role of speech in society, this book will be of key importance to First Amendment scholars, and to scholars and students of communication studies, media studies, media law, political science, feminist studies, American studies, and history.