Offensive Speech, Religion, and the Limits of the Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 0191076082
Total Pages : 208 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Offensive Speech, Religion, and the Limits of the Law by : Nicholas Hatzis

Download or read book Offensive Speech, Religion, and the Limits of the Law written by Nicholas Hatzis and published by Oxford University Press. This book was released on 2021-05-06 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the government ever justified in restricting offensive speech? This question has become particularly important in relation to communications which offend religious sensibilities. It is often argued that insulting a person's beliefs is tantamount to disrespecting the believer; that insults are a form of hatred or intolerance; that the right to religious freedom includes a more specific right not to be insulted in one's beliefs; that religious minorities have a particularly strong claim to be protected from offence; and that censorship of offensive speech is necessary for the prevention of social disorder and violence. None of those arguments is convincing. Drawing on law and philosophy, this book argues that there is no moral right to be protected from offence and that, while freedom of religion is an important right that grounds negative and positive obligations for the state, it is unpersuasive to interpret constitutional and human rights provisions as including a right not to be caused offence. Rather, we have good reasons to think of public discourse as a space for the expression of all viewpoints about the ethical life, including those which some will find offensive. This is necessary to sustain a society's capacity for self-reflection and change.

Freedom of Speech and Its Limits

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Author :
Publisher : Springer
ISBN 13 : 9401093423
Total Pages : 237 pages
Book Rating : 4.4/5 (1 download)

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Book Synopsis Freedom of Speech and Its Limits by : Wojciech Sadurski

Download or read book Freedom of Speech and Its Limits written by Wojciech Sadurski and published by Springer. This book was released on 2014-08-15 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: In authoritarian states, the discourse on freedom of speech, conducted by those opposed to non-democratic governments, focuses on the core aspects of this freedom: on a right to criticize the government, a right to advocate theories arid ideologies contrary to government-imposed orthodoxy, a right to demand institutional reforms, changes in politics, resignation of the incompetent and the corrupt from positions of authority. The claims for freedom of speech focus on those exercises of freedom that are most fundamental and most beneficial to citizens - and which are denied to them by the government. But in a by-and large democratic polity, where these fundamental benefits of freedom of speech are generally enjoyed by the citizens, the public and scholarly discourse on freedom of speech hovers about the peripheries of that freedom; the focus is on its outer boundaries rather than at the central territory of freedom of speech. Those borderline cases, in which people who are otherwise genuinely committed to the core aspects of freedom of speech may sincerely disagree, include pornography, racist hate speech and religious bigoted expressions, defamation of politicians and of private persons, contempt of court, incitement to violence, disclosure of military or commercial secrets, advertising of merchandise such as alcohol or cigarettes or of services and entertainment such as gambling and prostitution.

Freedom of Expression and Religious Hate Speech in Europe

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Author :
Publisher : Routledge
ISBN 13 : 1351998781
Total Pages : 191 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Freedom of Expression and Religious Hate Speech in Europe by : Erica Howard

Download or read book Freedom of Expression and Religious Hate Speech in Europe written by Erica Howard and published by Routledge. This book was released on 2017-07-28 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the Danish cartoons affair, the Charlie Hebdo murders and the terrorist attacks in Brussels and Paris have resulted in increasingly strident anti-Islamic speeches by politicians. This raises questions about the limits to freedom of expression and whether this freedom can and should be restricted to protect the religious feelings of believers. This book uses the case law of the European Court of Human Rights to provide a comprehensive analysis of the questions: whether legal prohibitions of religious hate speech violate the right to freedom of expression; and, whether such laws should be used to prosecute politicians and others who contribute to current debates when they use anti-Islam rhetoric. A well-known politician who uses such rhetoric is Dutch politician Geert Wilders. He has been prosecuted twice for hate speech, and was acquitted in the first case and recently convicted in the second. These prosecutions are used to illustrate the issues involved in drawing the line between freedom of expression and religious hate speech. The author argues that freedom of expression of politicians and those contributing to the public debate should not be restricted except in two very limited circumstances: when they incite to hatred or violence and there is an imminent danger that violence will follow or where it stops people from holding or manifesting their religion. Based on this, the author concludes that the European Court of Human Rights should decide, if it is asked to do so, that Wilders conviction for hate speech violates his freedom of expression.

Encyclopedia Of First Amendment Set

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Author :
Publisher : CQ Press
ISBN 13 : 9780872893115
Total Pages : 1464 pages
Book Rating : 4.8/5 (931 download)

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Book Synopsis Encyclopedia Of First Amendment Set by : John Vile

Download or read book Encyclopedia Of First Amendment Set written by John Vile and published by CQ Press. This book was released on 2008-09-25 with total page 1464 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first work of its kind, this new and exciting two-volume reference comprehensively examines all the freedoms in the First Amendment, including free speech, press, assembly, petition, and religion. Encyclopedia of the First Amendment covers the political, historical, and cultural significance of the First Amendment. It provides exclusive, singular focus on what most people consider the essential elements of the Bill of Rights and the basic liberties that Americans enjoy.

The Harm in Hate Speech

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Publisher : Harvard University Press
ISBN 13 : 0674069919
Total Pages : 271 pages
Book Rating : 4.6/5 (74 download)

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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.

Respecting Rights?

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Author :
Publisher : Government Printing Office
ISBN 13 : 9780160942938
Total Pages : 152 pages
Book Rating : 4.9/5 (429 download)

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Book Synopsis Respecting Rights? by : U.S. Commission on International Religious Freedom

Download or read book Respecting Rights? written by U.S. Commission on International Religious Freedom and published by Government Printing Office. This book was released on 2017-08 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report examines and compares the content of laws prohibiting blasphemy ("blasphemy laws") worldwide through the lens of international and human rights law principles. The laws examined in this study prohibit or criminalize the expression of opinions deemed "blasphemous," or counter to majority views or religious belief systems, and many impose serious, often criminal, penalties. Blasphemy laws are actively enforced in many states throughout the world. Many governments deem repeal not feasible or desirable and justify the prohibition and criminalization of blasphemy as necessary to promote religious harmony. This study seeks to evaluate the language and content of blasphemy laws to understand what aspects of these laws adhere to--or deviate from--international and human rights law principles. A better understanding of the laws' compliance with these principles may assist in the public policy community in developing clear, specifically-tailored recommendations for areas for reform. Related products: Explore ourFaith-Based Education resources collection Discover ourHuman Rights collection

Blasphemy and Freedom of Expression

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Publisher : Cambridge University Press
ISBN 13 : 1108416918
Total Pages : 771 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Blasphemy and Freedom of Expression by : Jeroen Temperman

Download or read book Blasphemy and Freedom of Expression written by Jeroen Temperman and published by Cambridge University Press. This book was released on 2017-11-16 with total page 771 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book details the legal ramifications of existing anti-blasphemy laws and debates the legitimacy of such laws in Western liberal democracies.

Law, State and Religion in the New Europe

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Publisher : Cambridge University Press
ISBN 13 : 0521198100
Total Pages : 351 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis Law, State and Religion in the New Europe by : Lorenzo Zucca

Download or read book Law, State and Religion in the New Europe written by Lorenzo Zucca and published by Cambridge University Press. This book was released on 2012-01-19 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: The return of religion to the public sphere raises various dilemmas. Rights and values, pluralism and identity, justice and efficacy, autonomy and tradition, and integration and toleration cannot always be balanced without the loss of something valuable. This volume of essays tackles such dilemmas from two perspectives. To begin, major contemporary theorists rethink the place of religion in the public sphere from republican, liberal and critical-theoretical viewpoints. Contributors then bring together theory and practice to better conceptualize and assess the latest developments in European jurisprudence with respect to religion.

Putting Faith in Hate

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Publisher :
ISBN 13 : 1108425461
Total Pages : 173 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Putting Faith in Hate by : Richard Moon

Download or read book Putting Faith in Hate written by Richard Moon and published by . This book was released on 2018-02-15 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the interplay between law and religion in the area of hate speech, whether religion is the target or source.

Freedom of Expression

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Author :
Publisher : Carolina Academic Press
ISBN 13 :
Total Pages : 208 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Freedom of Expression by : Francis Canavan

Download or read book Freedom of Expression written by Francis Canavan and published by Carolina Academic Press. This book was released on 1984 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:

HATE

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Author :
Publisher : Oxford University Press
ISBN 13 : 019085913X
Total Pages : 240 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis HATE by : Nadine Strossen

Download or read book HATE written by Nadine Strossen and published by Oxford University Press. This book was released on 2018-04-02 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. We hear too many incorrect assertions that "hate speech" -- which has no generally accepted definition -- 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. When U.S. officials formerly wielded such broad censorship power, they suppressed dissident speech, including equal rights advocacy. Likewise, current politicians have attacked Black Lives Matter protests as "hate speech." "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" laws are at best ineffective and at worst counterproductive. Their inevitably vague terms invest enforcing officials with broad discretion, and predictably, regular targets are minority views and speakers. Therefore, prominent social justice advocates in the U.S. and beyond maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.

Free Speech, Religion and the United Nations

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Author :
Publisher : Routledge
ISBN 13 : 1000134695
Total Pages : 290 pages
Book Rating : 4.0/5 (1 download)

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Book Synopsis Free Speech, Religion and the United Nations by : Heini í Skorini

Download or read book Free Speech, Religion and the United Nations written by Heini í Skorini and published by Routledge. This book was released on 2019-07-19 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the political struggle to interpret and define the meaning, the scope and the implications of human rights norms in general and freedom of expression in particular. From the Rushdie affair and the Danish cartoon affair to the Charlie Hebdo massacre and draconian legislation against blasphemy worldwide, the tensions between free speech ideals and religious sensitivities have polarized global public opinion and the international community of states, triggering fierce political power struggles in the corridors of the UN. Inspired by theories of norm diffusion in International Relations, Skorini investigates how the struggle to define the limits of free speech vis-à-vis religion unfolds within the UN system. Revealing how human rights terminology is used and misused, the book also considers how the human rights vision paradoxically contains the potential to justify human rights violations in practice. The author explains how states exercise power within the field of international human rights politics and how non-democratic states strategically apply mainstream human rights language and secular human rights law in order to justify authoritarian religious censorship norms both nationally and internationally. This interdisciplinary book will appeal to scholars and students researching international human rights, religion and politics. The empirical chapters are also relevant for professionals and activists within the field of human rights.

Countering online hate speech

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Author :
Publisher : UNESCO Publishing
ISBN 13 : 9231001051
Total Pages : 73 pages
Book Rating : 4.2/5 (31 download)

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Book Synopsis Countering online hate speech by : Gagliardone, Iginio

Download or read book Countering online hate speech written by Gagliardone, Iginio and published by UNESCO Publishing. This book was released on 2015-06-17 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt: The opportunities afforded by the Internet greatly overshadow the challenges. While not forgetting this, we can nevertheless still address some of the problems that arise. Hate speech online is one such problem. But what exactly is hate speech online, and how can we deal with it effectively? As with freedom of expression, on- or offline, UNESCO defends the position that the free flow of information should always be the norm. Counter-speech is generally preferable to suppression of speech. And any response that limits speech needs to be very carefully weighed to ensure that this remains wholly exceptional, and that legitimate robust debate is not curtailed.

The UN Convention on the Elimination of All Forms of Racial Discrimination

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900427992X
Total Pages : 294 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The UN Convention on the Elimination of All Forms of Racial Discrimination by : Natan Lerner

Download or read book The UN Convention on the Elimination of All Forms of Racial Discrimination written by Natan Lerner and published by Martinus Nijhoff Publishers. This book was released on 2014-11-28 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The universal feeling that discrimination and intolerance based on race. religion or beliefs have to be confronted by the international community led to the adoption, half a century ago, of the international convention to which this book is devoted, one of the most ratified treaties. The book comments on the contents of the Convention and its impact on anti-racist and anti-bias legislation and jurisprudence, as well as its influence on, and applicability to other international texts. In an Introduction to this expanded and edited reprint, the author updates the status of the Convention, summarizes the work of CERD, the implementation body of the Convention, and discusses its relevance to general human rights, particularly the area of religious intolerance, and some difficult issues such as the possible clash with other fundamental freedoms.

Too Much Free Speech?

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Author :
Publisher : University of Illinois Press
ISBN 13 : 0252094220
Total Pages : 283 pages
Book Rating : 4.2/5 (52 download)

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Book Synopsis Too Much Free Speech? by : Randall P. Bezanson

Download or read book Too Much Free Speech? written by Randall P. Bezanson and published by University of Illinois Press. This book was released on 2012-10-15 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Randall P. Bezanson takes up an essential and timely inquiry into the Constitutional limits of the Supreme Court's power to create, interpret, and enforce one of the essential rights of American citizens. Analyzing contemporary Supreme Court decisions from the past fifteen years, Bezanson argues that judicial interpretations have fundamentally and drastically expanded the meaning and understanding of "speech." Bezanson focuses on judgments such as the much-discussed Citizens United case, which granted the full measure of constitutional protection to speech by corporations, and the Doe vs. Reed case in Washington state, which recognized the signing of petitions and voting in elections as acts of free speech. In each case study, he questions whether the meaning of speech has been expanded too far and critically assesses the Supreme Court's methodology in reaching and explaining its expansive conclusions.

Free Speech and the Regulation of Social Media Content

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Author :
Publisher : Independently Published
ISBN 13 : 9781092635158
Total Pages : 50 pages
Book Rating : 4.6/5 (351 download)

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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.

Lessons in Censorship

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Author :
Publisher : Harvard University Press
ISBN 13 : 0674915771
Total Pages : 366 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Lessons in Censorship by : Catherine J. Ross

Download or read book Lessons in Censorship written by Catherine J. Ross and published by Harvard University Press. This book was released on 2015-10-19 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: American public schools censor controversial student speech that the Constitution protects. Catherine Ross brings clarity to court rulings that define speech rights of young citizens and proposes ways to protect free expression, arguing that the failure of schools to respect civil liberties betrays their educational mission and threatens democracy.