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Counter Terrorism Laws And Freedom Of Expression
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Book Synopsis Counter-Terrorism Laws and Freedom of Expression by : Téwodros Workneh
Download or read book Counter-Terrorism Laws and Freedom of Expression written by Téwodros Workneh and published by Rowman & Littlefield. This book was released on 2021-06-22 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: As nations have aggressively implemented a wide range of mechanisms to proactively curb potential threats terrorism, Counter-Terrorism Laws and Freedom of Expression: Global Perspectives offers critical insight into how counter-terrorism laws have adversely affected journalism practice, digital citizenship, privacy, online activism, and other forms of expression. While governments assert the need for such laws to protect national security, critics argue counter-terrorism laws are prone to be misappropriated by state actors who use such laws to quash political dissent, target journalists, and restrict other forms of citizen expression. The book is divided into three parts. Part I deals with the politics and discourse of counter-terrorism laws. Part II focuses on the ways counter-terrorism laws have impacted journalistic practice in different countries, with effects ranging from imprisonment of reporters to self-censorship. Part III addresses how counter-terrorism laws have been used to target everyday citizens, social media activists, whistleblowers, and human rights advocates around the world. Together, the chapters address how counter-terrorism laws have undermined democratic values in both authoritarian and liberal political contexts. Scholars of political science, communication, and legal studies will find this book particularly interesting.
Book Synopsis Extremism, Free Speech and Counter-Terrorism Law and Policy by : Ian Cram
Download or read book Extremism, Free Speech and Counter-Terrorism Law and Policy written by Ian Cram and published by Routledge. This book was released on 2019-03-25 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection addresses a number of free speech vs security concerns that are engaged by counter-terrorism law and policy makers across a number of liberal democracies, and explores the delicate balance between free speech and the censoring of views that promote hatred or clash with fundamental democratic values. It does this by looking at the perspectives and level of disagreement between those who consider today’s counter-terrorism and extremism strategies to be a soft and liberal approach, and those who believe these strategies disproportionately impact freedom of expression and association and non-violent political dissent. The contributors include academics, practicing lawyers, and think-tank analysts who examine whether universities and schools incubators of violent radicalism and debate, and whether the views of ‘extremist’ speakers and hate preachers need to be censored. Outside the UK, critical discussion of the regulation of counter-terrorism, extremism, and free speech in other liberal democracies is also offered. This book will be of great interest to researchers and practitioners with interests in extremism, terrorism, civil rights, and freedom of speech.
Book Synopsis Virtual Freedoms, Terrorism and the Law by : Giovanna De Minico
Download or read book Virtual Freedoms, Terrorism and the Law written by Giovanna De Minico and published by Routledge. This book was released on 2021-02-15 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the risks to freedom of expression, particularly in relation to the internet, as a result of regulation introduced in response to terrorist threats. The work explores the challenges of maintaining security in the fight against traditional terrorism while protecting fundamental freedoms, particularly online freedom of expression. The topics discussed include the clash between freedom of speech and national security; the multijurisdictional nature of the internet and the implications for national sovereignty and transnational legal structures; how to determine legitimate and illegitimate association online; and the implications for privacy and data protection. The book presents a theoretical analysis combined with empirical research to demonstrate the difficulty of combatting internet use by terror organizations or individuals and the range of remedies that might be drawn from national and international law. The work will be essential reading for students, researchers and policy makers in the areas of Constitutional law; Criminal Law, European and International law, Information and Technology law and Security Studies.
Book Synopsis Terror and the War on Dissent by : Ian Cram
Download or read book Terror and the War on Dissent written by Ian Cram and published by Springer Science & Business Media. This book was released on 2009-06-29 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: Located within wider debates about ‘security versus liberty’ in our post 9/11 world, the book analyses the new landscape of UK counter terrorism powers and offences and focuses upon the deleterious consequences of the so-called ‘war on terror’ on freedom of political expression and association. Questioning the compatibility of recent speech-limiting measures with liberalism’s established commitment to free speech and international human rights norms, the book takes a critical look at new powers to proscribe ‘extremist’ political parties, possession offences and other criminal controls (eg. Official Secrets Act prosecutions) as well as new offences such as ‘glorification’ of terrorism. Less visible, extra-legal forms of censorship are also evaluated. The monograph concludes by asking how a more vigorous defence of unorthodox and unpopular forms of expression might be safeguarded in the UK.
Book Synopsis Free Speech after 9/11 by : Katharine Gelber
Download or read book Free Speech after 9/11 written by Katharine Gelber and published by Oxford University Press. This book was released on 2016-04-15 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although there has been a lot written about how counter-terrorism laws impact on human rights and civil liberties, most of this work has focussed on the most obvious or egregious kinds of human rights abrogation, such as extended detention, torture, and extraordinary rendition. Far less has been written about the complex ways in which Western governments have placed new and far-reaching limitations on freedom of speech in this context since 9/11. This book compares three liberal democracies - the United States, the United Kingdom and Australia, in particular showing the commonalities and similarities in what has occurred in each country, and the changes in the appropriate parameters of freedom of speech in the counter-terrorism context since 9/11, achieved both in policy change and the justification for that change. In all three countries much speech has been criminalized in ways that were considered anachronistic, or inappropriate, in comparable policy areas prior to 9/11. This is particularly interesting because other works have suggested that the United States' unique protection of freedom of speech in the First Amendment has prevented speech being limited in that country in ways that have been pursued in others. This book shows that this kind of argument misses the detail of the policy change that has occurred, and privileges a textual reading over a more comprehensive policy-based understanding of the changes that have occurred. The author argues that we are now living a new-normal for freedom of speech, within which restrictions on speech that once would have been considered aberrant, overreaching, and impermissible are now considered ordinary, necessary, and justified as long as they occur in the counter-terrorism context. This change is persistent, and it has far reaching implications for the future of this foundational freedom.
Book Synopsis Comparative Counter-Terrorism Law by : Kent Roach
Download or read book Comparative Counter-Terrorism Law written by Kent Roach and published by Cambridge University Press. This book was released on 2015-07-23 with total page 839 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism law is as international as it is regionally distinct and as difficult to define as it is essential to address. Given recent pressures to harmonize terrorism laws from international organizations like the United Nations Security Council, the Financial Action Task Force, and the Council of Europe, this book presents readers with an up-to-date assessment of terrorism law across the globe. Covering twenty-two jurisdictions across six continents, the common framework used for each chapter facilitates national comparisons of a range of laws including relevant criminal, administrative, financial, secrecy, and military laws. Recognizing that similar laws may yield different outcomes when transplanted into new contexts, priority of place is given to examples of real-world application. Including a thematic introduction and conclusion, this book will help to establish comparative counter-terrorism law as an emerging discipline crossing the boundaries of domestic and international law.
Book Synopsis Perilous Times by : Geoffrey R. Stone
Download or read book Perilous Times written by Geoffrey R. Stone and published by W. W. Norton & Company. This book was released on 2004 with total page 758 pages. Available in PDF, EPUB and Kindle. Book excerpt: Geoffrey Stone's Perilous Times incisively investigates how the First Amendment and other civil liberties have been compromised in America during wartime. Stone delineates the consistent suppression of free speech in six historical periods from the Sedition Act of 1798 to the Vietnam War, and ends with a coda that examines the state of civil liberties in the Bush era. Full of fresh legal and historical insight, Perilous Times magisterially presents a dramatic cast of characters who influenced the course of history over a two-hundred-year period: from the presidents—Adams, Lincoln, Wilson, Roosevelt, and Nixon—to the Supreme Court justices—Taney, Holmes, Brandeis, Black, and Warren—to the resisters—Clement Vallandingham, Emma Goldman, Fred Korematsu, and David Dellinger. Filled with dozens of rare photographs, posters, and historical illustrations, Perilous Times is resonant in its call for a new approach in our response to grave crises.
Book Synopsis Sedition and the Advocacy of Violence by : Sarah Sorial
Download or read book Sedition and the Advocacy of Violence written by Sarah Sorial and published by Routledge. This book was released on 2013-03-01 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book employs the theoretical framework of ‘speech act theory’ to analyse current legislative frameworks and cases pertaining to sedition or the advocacy of violence and the issue of freedom of speech. An analysis of the relation between speech and action offers a promising way of clarifying confusion over the contested status of speech, which advocates violence as a political strategy. This account reflects an understanding of philosophical issues about both the nature of freedom and speech and how these issues can be applied to concrete legal problems. This approach will shed new light on the problems of the sedition laws and how they might be remedied by providing a conceptual account of the nature of speech and its relation to action. On the basis of J.L Austin’s account of verdictive and exercitive speech acts, it is argued that while all speech acts are ‘conduct’ in a narrow sense, not all of them have the power to produce effects. This philosophical account will have legal consequences for how we classify speech acts deemed to be dangerous, or to cause harm. It also suggests that because speech can evoke or constitute action or conduct in certain circumstances, modern versions of sedition laws might in principle be defensible, but not in their current form. On the basis of this account, it is argued that the harms caused or constituted by speech can be located in the authority of the speaker. Sedition and Violence Against the State: Free Speech and Counter-Terrorism will be of interest to students and scholars of philosophy of law and legal theory.
Book Synopsis Freedom of Speech in Universities by : Alison Scott-Baumann
Download or read book Freedom of Speech in Universities written by Alison Scott-Baumann and published by Routledge. This book was released on 2021-02-25 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of speech and extremism in university campuses are major sources of debate and moral panic in the United Kingdom today. In 2018, the Joint Committee on Human Rights in Parliament undertook an inquiry into freedom of speech on campus. It found that much of the public concern is exaggerated, but identified a number of factors that require attention, including the impact of government counter-terrorism measures (the Prevent Duty) and regulatory bodies (including the Charity Commission for England and Wales) on freedom of speech. This book combines empirical research and philosophical analysis to explore these issues, with a particular focus on the impact upon Muslim students and staff. It offers a new conceptual paradigm for thinking about freedom of speech, based on deliberative democracy, and practical suggestions for universities in handling it. Topics covered include: The enduring legacy of key thinkers who have shaped the debate about freedom of speech The role of right-wing populism in driving moral panic about universities The impact of the Prevent Duty and the Charity Commission upon Muslim students, students’ unions and university managers Students’ and staff views about freedom of speech Alternative approaches to handling freedom of speech on campus, including the Community of Inquiry This highly engaging and topical text will be of interest to those working within public policy, religion and education or religion and politics and Islamic Studies.
Download or read book Terrorism written by David Lowe and published by Routledge. This book was released on 2018-03-09 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism: Law and Policy provides a comprehensive socio-legal analysis of issues related to terrorist activity. Aimed at both undergraduate and postgraduate students, the book takes a comparative approach to the law related to terrorism in a number of states, mainly those in Europe, North America, Australia and New Zealand. Beginning with an examination of the background to various currently active terrorist groups, the book focuses on those groups which are currently active and which pose a threat to security, especially at the international level. The chapters take the reader through the legal definitions of terrorism contained in various states’ statutory provisions and examine how the courts have interpreted terrorism in those states’ jurisdictions. The main aim of any terrorist investigation is prevention and so the book examines the various statutory preventative measures that states have introduced and explores the legal issues surrounding surveillance, terrorism intelligence exchange, radicalisation, use of social media, quasi-criminal provisions, asset-freezing and the nexus between terrorist activity and organised crime. Bringing together a number of themes related to terrorism and security from a uniquely legal perspective, this book builds a comparative picture of the legal counter-terrorism interventions states are adopting to increase co-operation and adopt a more united approach in the face of the international terrorism threat.
Book Synopsis Protecting the right to freedom of expression under the European Convention on Human Rights by : Bychawska-Siniarska, Dominika
Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The United Nations and Freedom of Expression and Information by : Tarlach McGonagle
Download or read book The United Nations and Freedom of Expression and Information written by Tarlach McGonagle and published by Cambridge University Press. This book was released on 2015-06-11 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: Maps the UN legal instruments relevant for the protection and promotion of the rights to freedom of expression and information.
Book Synopsis Counter-Terrorism, Human Rights and the Rule of Law by : Aniceto Masferrer
Download or read book Counter-Terrorism, Human Rights and the Rule of Law written by Aniceto Masferrer and published by Edward Elgar Publishing. This book was released on 2013-09-30 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: ŠA deep and thoughtful exploration of counter-terrorism written by leading commentators from around the globe. This book poses critical questions about the definition of terrorism, the role of human rights and the push by many governments for more secu
Book Synopsis Security and Liberty by : James N. Irving
Download or read book Security and Liberty written by James N. Irving and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The subject areas covered by this book are international human rights law, Australian constitutional law and Australian federal criminal law. The book examines four selected provisions of the Commonwealth Criminal Code against the standards set by article 19 of the International Covenant on Civil and Political Rights to determine whether they breach Australia's international obligations to protect the right to freedom of expression."--Provided by publisher.
Book Synopsis Incitement to Terrorism by : Anne F. Bayefsky
Download or read book Incitement to Terrorism written by Anne F. Bayefsky and published by BRILL. This book was released on 2018-03-22 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: Incitement to terrorism connects the dots between evil words and evil deeds. Hate precedes terror. History has already taught us that incitement to genocide and to crimes against humanity unchecked will inevitably bring devastation to humankind. Incitement is an affront to the dignity of its victims, and poses a dire threat to all people of good will. However, combating incitement to terrorism poses operational, constitutional and human rights challenges on many fronts, both domestically and internationally. What is incitement? Where should the line be drawn between protected speech and incitement that should be criminalized? Does war change the calculus of what are appropriate and lawful measures to contain and respond to such incitement? And, perhaps most challenging of all, how does social media and the nature of communication and engagement in today’s virtual world change or complicate how we think about and can respond to incitement?
Book Synopsis Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights by : Ana Salinas de Frias
Download or read book Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights written by Ana Salinas de Frias and published by Council of Europe. This book was released on 2013-04-01 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism has become one of the major threats facing both states and the international community, in particular after the terrorist attacks in the United States, Madrid and London, which revealed a whole new scale and dimension of the phenomenon. An effective response is absolutely necessary; this response, however, cannot undermine democracy, human rights, the rule of law or the supreme values inherent to these principles.There is no universally agreed definition of "terrorism", nor is there an international Jurisdiction before which the perpetrators of terrorist crimes can be brought to account. The European Court of Human Rights is the first international Jurisdiction to deal with such a phenomenon. For many decades and through more than four hundred cases, it has elaborated a clear, integrated and articulated body of case law on responses to terrorism from a human rights and rule of law perspective. Thus, this is a handbook on counter-terrorism with a special focus on due respect for human rights and rule of law.This book compiles the doctrine laid down by the European Court of Human Rights in this field with a view to facilitating the task of adjudicators, legal officers, lawyers, international IGOs, NGOs, policy makers, researchers, victims and all those committed to fighting this scourge. The book presents a careful analysis of this body of case law and the general principles applicable to the fight against terrorism resulting from each particular case. It also includes a compendium of the main cases dealt with by the Strasbourg Court in this field and will prove to be a most useful guiding tool in the sensitive area of counter-terrorism and human rights.
Book Synopsis Terrorism and the Limitation of Rights by : Stefan Sottiaux
Download or read book Terrorism and the Limitation of Rights written by Stefan Sottiaux and published by Bloomsbury Publishing. This book was released on 2008-02-29 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking as a starting point the widely accepted view that states confronted with terrorism must find a proper equilibrium between their respective obligations of preserving fundamental rights and fighting terrorism effectively, this book seeks to demonstrate how the design and enforcement of a human rights instrument may influence the result of that exercise. An attempt is made to answer the question how a legal order's approach to the limitation of rights may shape decision-making trade-offs between the demands of liberty and the need to guarantee individual and collective security. In doing so, special attention is given to the difference between the adjudicative methods of balancing and categorisation. The book challenges the conventional wisdom that individual rights, in times of crisis, are better served by the application of categorical rather than flexible models of limitation. In addition, the work considers the impact of a variety of other factors, including the discrepancies in enforcing an international convention as opposed to a national constitution and the use of emergency provisions permitting derogations from human rights obligations in time of war or a public emergency. The research questions are addressed through a comparative study of the terrorism-related restrictions on five fundamental rights protected under the European Convention on Human Rights and the United States Constitution: the right to freedom of expression, the right to freedom of association, the right to personal liberty, the right to privacy, and the right to a fair trial. The book offers both a theoretical account of the paradoxical relationship between terrorism and human rights and a comprehensive comparative survey of the major decisions of the highest courts on both sides of the Atlantic.