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Freedom Of Expression As Self Restraint
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Book Synopsis Freedom of Expression As Self-Restraint by : Matthew H. Kramer
Download or read book Freedom of Expression As Self-Restraint written by Matthew H. Kramer and published by . This book was released on 2021-03-15 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues for the absolutist position on the freedom of expression, and how this principle is integral for society. This title also explores some of the most common arguments regarding freedom of expression including pornography and banning advocacy of hateful creeds.
Book Synopsis The Freedom to Read by : American Library Association
Download or read book The Freedom to Read written by American Library Association and published by . This book was released on 1953 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Harm in Hate Speech by : Jeremy Waldron
Download or read book The Harm in Hate Speech written by Jeremy Waldron and published by Harvard University Press. This book was released on 2012-06-08 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every liberal democracy has laws or codes against hate speech—except the United States. For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities. Causing offense—by depicting a religious leader as a terrorist in a newspaper cartoon, for example—is not the same as launching a libelous attack on a group’s dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home. Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.
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 Freedom of Expression as Self-Restraint by : Matthew H. Kramer
Download or read book Freedom of Expression as Self-Restraint written by Matthew H. Kramer and published by Oxford University Press. This book was released on 2021-03-15 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of Expression as Self-Restraint provides a novel justificatory foundation for the principle of freedom of expression. As the book argues, such a principle is absolute in that it is exceptionless; it imposes general duties that are binding always and everywere on every system of governance. In addition to injecting a new level of philosophical sophistication into the debates over freedom of expression, the book ties the principle to an ideal of governmental self-restraint, and it shows how that ideal connects to the paramount moral responsibility of every system of governance: the responsibility to bring about the political, social, and economic conditions under which every member of society can be warranted in harbouring an ample sense of self-respect. In short, compliance by a system of governance with the principle of freedom of expression is integral to the fulfilment of that paramount responsibility.
Book Synopsis The Content and Context of Hate Speech by : Michael Herz
Download or read book The Content and Context of Hate Speech written by Michael Herz and published by Cambridge University Press. This book was released on 2012-04-09 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors to this volume consider whether it is possible to establish carefully tailored hate speech policies that are cognizant of the varying traditions, histories and values of different countries. Throughout, there is a strong comparative emphasis, with examples (and authors) drawn from around the world. All the authors explore whether or when different cultural and historical settings justify different substantive rules given that such cultural relativism can be used to justify content-based restrictions and so endanger freedom of expression. Essays address the following questions, among others: is hate speech in fact so dangerous or harmful to vulnerable minorities or communities as to justify a lower standard of constitutional protection? What harms and benefits accrue from laws that criminalize hate speech in particular contexts? Are there circumstances in which everyone would agree that hate speech should be criminally punished? What lessons can be learned from international case law?
Download or read book Dare to Speak written by Suzanne Nossel and published by HarperCollins. This book was released on 2020-07-28 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A must read."—Margaret Atwood A vital, necessary playbook for navigating and defending free speech today by the CEO of PEN America, Dare To Speak provides a pathway for promoting free expression while also cultivating a more inclusive public culture. Online trolls and fascist chat groups. Controversies over campus lectures. Cancel culture versus censorship. The daily hazards and debates surrounding free speech dominate headlines and fuel social media storms. In an era where one tweet can launch—or end—your career, and where free speech is often invoked as a principle but rarely understood, learning to maneuver the fast-changing, treacherous landscape of public discourse has never been more urgent. In Dare To Speak, Suzanne Nossel, a leading voice in support of free expression, delivers a vital, necessary guide to maintaining democratic debate that is open, free-wheeling but at the same time respectful of the rich diversity of backgrounds and opinions in a changing country. Centered on practical principles, Nossel’s primer equips readers with the tools needed to speak one’s mind in today’s diverse, digitized, and highly-divided society without resorting to curbs on free expression. At a time when free speech is often pitted against other progressive axioms—namely diversity and equality—Dare To Speak presents a clear-eyed argument that the drive to create a more inclusive society need not, and must not, compromise robust protections for free speech. Nossel provides concrete guidance on how to reconcile these two sets of core values within universities, on social media, and in daily life. She advises readers how to: Use language conscientiously without self-censoring ideas; Defend the right to express unpopular views; And protest without silencing speech. Nossel warns against the increasingly fashionable embrace of expanded government and corporate controls over speech, warning that such strictures can reinforce the marginalization of lesser-heard voices. She argues that creating an open market of ideas demands aggressive steps to remedy exclusion and ensure equal participation. Replete with insightful arguments, colorful examples, and salient advice, Dare To Speak brings much-needed clarity and guidance to this pressing—and often misunderstood—debate.
Book Synopsis Freedom of Speech and Expression by : Richard Sorabji
Download or read book Freedom of Speech and Expression written by Richard Sorabji and published by Oxford University Press. This book was released on 2021-03-19 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the second volume of the new Rutgers Lectures in Philosophy series, which publishes lectures of prominent intellectuals and philosophers delivered annually on the Rutgers New Brunswick campus. Sir Richard Sorabji here examines free speech through a historical lens from antiquity up to today. He first traces the concept's origins in ancient India, Rome, and Greece, and follows its evolution through early Christian, medieval, and Arabic philosophy. He then evaluates historical threats to free speech in literary, political, and religious contexts, and various legal constraints that have attempted to protect it. He discusses the tension between the benefits of free speech and its frustations and abuses, and argues for the use of voluntary self-restraint on such speech that frustrates its benefits, citing for example the art identified by Gandhi as "opening ears." Finally, he closes with an analysis of free speech on social media and the abuse of personal data and voter manipulation. With Freedom of Speech and Expression, Sorabji provides a comprehensive overview of the topic informed by his distinct philosophical analysis and perceptive commentary.
Book Synopsis The Tolerant Society by : Lee C. Bollinger
Download or read book The Tolerant Society written by Lee C. Bollinger and published by Oxford University Press, USA. This book was released on 1988 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Tolerant Society, Bollinger offers a masterful critique of the major theories of freedom of expression, and offers an alternative explanation. Traditional justifications for protecting extremist speech have turned largely on the inherent value of self-expression, maintaining that the benefits of the free interchange of ideas include the greater likelihood of serving truth and of promoting wise decisions in a democracy. Bollinger finds these theories persuasive but inadequate. Buttrressing his argument with references to the Skokie case and many other examples, as well as a careful analysis of the primary literature on free speech, he contends that the real value of toleration of extremist speech lies in the extraordinary self-control toward antisocial behavior that it elicits: society is stengthened by the exercise of tolerance, he maintains. The problem of finding an appropriate response -- especially when emotions make measured response difficult -- is common to all social interaction, Bollinger points out, and there are useful lesons to be learned from withholding punishment even for what is conceded to be bad behavior.
Book Synopsis Limits of Tolerance by : Sebastian Brett
Download or read book Limits of Tolerance written by Sebastian Brett and published by Human Rights Watch. This book was released on 1998 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: History and Legal Norms
Book Synopsis The Free Speech Century by : Geoffrey R. Stone
Download or read book The Free Speech Century written by Geoffrey R. Stone and published by Oxford University Press, USA. This book was released on 2018-12-04 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for first invoking the phrase "clear and present danger." Although the decision upheld the conviction of an individual for criticizing the draft during World War I, it also laid the foundation for our nation's robust protection of free speech. Over time, the standard Holmes devised made freedom of speech in America a reality rather than merely an ideal. In The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars--Cass Sunstein, Lawrence Lessig, Laurence Tribe, Kathleen Sullivan, Catherine McKinnon, among others--to evaluate the evolution of free speech doctrine since Schenk and to assess where it might be headed in the future. Since 1919, First Amendment jurisprudence in America has been a signal development in the history of constitutional democracies--remarkable for its level of doctrinal refinement, remarkable for its lateness in coming (in relation to the adoption of the First Amendment), and remarkable for the scope of protection it has afforded since the 1960s. Over the course of The First Amendment Century, judicial engagement with these fundamental rights has grown exponentially. We now have an elaborate set of free speech laws and norms, but as Stone and Bollinger stress, the context is always shifting. New societal threats like terrorism, and new technologies of communication continually reshape our understanding of what speech should be allowed. Publishing on the one hundredth anniversary of the decision that laid the foundation for America's free speech tradition, The Free Speech Century will serve as an essential resource for anyone interested in how our understanding of the First Amendment transformed over time and why it is so critical both for the United States and for the world today.
Book Synopsis Positive Free Speech by : Andrew T Kenyon
Download or read book Positive Free Speech written by Andrew T Kenyon and published by Bloomsbury Publishing. This book was released on 2020-05-28 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Libraries, the First Amendment, and Cyberspace by : Robert S. Peck
Download or read book Libraries, the First Amendment, and Cyberspace written by Robert S. Peck and published by American Library Association. This book was released on 2000 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides answers to questions librarians often have about the First Amendment and library services, discussing basic First Amendment principles, the right to offend, religious motivations and library use, and other topics.
Book Synopsis Freedom of Speech and Expression by : Richard Sorabji
Download or read book Freedom of Speech and Expression written by Richard Sorabji and published by Oxford University Press, USA. This book was released on 2021 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book on freedom of speech and expression starts (Chapter 1) with an inter-cultural history of this valued right through the ages and then recalls (Chapter 2) the benefits for which we rightly value it. But what about speech that frustrates these benefits? Supporters of the benefits of free speech have reason to exercise voluntary self-restraint on speech which frustrates the benefits. They should also cultivate a second remedy: the art, illustrated in chapter 1, and called by Gandhi the art of 'opening ears', by other kinds of speech and conduct. Such voluntary methods are to be preferred to legal constraints. But (chapter 3) legal constraint is sometimes necessary. In the 21st century, social media funding based on manipulation of personal speech data requires skilful legislation and enforcement in favour of social media that protect our freedoms"--
Book Synopsis Free Speech and the Regulation of Social Media Content by : Valerie C. Brannon
Download or read book Free Speech and the Regulation of Social Media Content written by Valerie C. Brannon and published by Independently Published. This book was released on 2019-04-03 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.
Book Synopsis Striking a Balance by : Sandra Coliver
Download or read book Striking a Balance written by Sandra Coliver and published by Article 19. This book was released on 1992 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Freedom of expression and public order by : Daudin Clavaud, Paul
Download or read book Freedom of expression and public order written by Daudin Clavaud, Paul and published by UNESCO Publishing. This book was released on 2015-01-23 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt:
