The Right To Protection From Incitement To Hatred

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The Right to Protection from Incitement to Hatred

Author : Mona Elbahtimy
Publisher :
ISBN 13 : 9781108931144
Total Pages : 210 pages
Book Rating : 4.9/5 (311 download)

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Book Synopsis The Right to Protection from Incitement to Hatred by : Mona Elbahtimy

Download or read book The Right to Protection from Incitement to Hatred written by Mona Elbahtimy and published by . This book was released on 2021 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against the backdrop of the new globalized hate speech dynamics, the nature and scope of States' obligations pursuant to international human rights law on prohibiting incitement to hatred have taken on increased importance and have become a controversial issue within multilateral human rights diplomacy. Key questions being posed in the on-going debates over how best to respond to the new wave of hatred include whether the international legal norm against incitement to hatred, as it currently stands, is suitable to address the contemporary challenges of this phenomenon. Alternatively, does it need to be developed further? This book traces the journey of this norm in three analytical domains; its emergence, relevant supranational jurisprudence, and the recent standard-setting attempts within the UN. The book argues that five internal features of the norm had a strong influence on its difficult path within international human rights law.

Religious Hatred and International Law

Author : Jeroen Temperman
Publisher : Cambridge University Press
ISBN 13 : 1107124174
Total Pages : 439 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Religious Hatred and International Law by : Jeroen Temperman

Download or read book Religious Hatred and International Law written by Jeroen Temperman and published by Cambridge University Press. This book was released on 2016 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book conceptualizes the 'prohibition of advocacy of religious hatred' from the perspectives of international and comparative law.

The Content and Context of Hate Speech

Author : Michael Herz
Publisher : Cambridge University Press
ISBN 13 : 1107375614
Total Pages : 569 pages
Book Rating : 4.1/5 (73 download)

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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?

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

Author : Natan Lerner
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.

The Harm in Hate Speech

Author : Jeremy Waldron
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.

Countering online hate speech

Author : Gagliardone, Iginio
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.

Freedom of Speech and Its Limits

Author : Wojciech Sadurski
Publisher : Springer Science & Business Media
ISBN 13 : 9781402002816
Total Pages : 244 pages
Book Rating : 4.0/5 (28 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 Science & Business Media. This book was released on 2001-11-30 with total page 244 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.

The Right to Protection from Incitement to Hatred

Author : Mona Elbahtimy
Publisher : Cambridge University Press
ISBN 13 : 110894373X
Total Pages : 231 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis The Right to Protection from Incitement to Hatred by : Mona Elbahtimy

Download or read book The Right to Protection from Incitement to Hatred written by Mona Elbahtimy and published by Cambridge University Press. This book was released on 2021-10-28 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against the backdrop of the new globalized hate speech dynamics, the nature and scope of States' obligations pursuant to international human rights law on prohibiting incitement to hatred have taken on increased importance and have become a controversial issue within multilateral human rights diplomacy. Key questions being posed in the on-going debates over how best to respond to the new wave of hatred include whether the international legal norm against incitement to hatred, as it currently stands, is suitable to address the contemporary challenges of this phenomenon. Alternatively, does it need to be developed further? This book traces the journey of this norm in three analytical domains; its emergence, relevant supranational jurisprudence, and the recent standard-setting attempts within the UN. The book argues that five internal features of the norm had a strong influence on its difficult path within international human rights law.

Hate Speech Law

Author : Alex Brown
Publisher : Routledge
ISBN 13 : 1317502361
Total Pages : 380 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Hate Speech Law by : Alex Brown

Download or read book Hate Speech Law written by Alex Brown and published by Routledge. This book was released on 2015-03-05 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hate speech law can be found throughout the world. But it is also the subject of numerous principled arguments, both for and against. These principles invoke a host of morally relevant features (e.g., liberty, health, autonomy, security, non-subordination, the absence of oppression, human dignity, the discovery of truth, the acquisition of knowledge, self-realization, human excellence, civic dignity, cultural diversity and choice, recognition of cultural identity, intercultural dialogue, participation in democratic self-government, being subject only to legitimate rule) and practical considerations (e.g., efficacy, the least restrictive alternative, chilling effects). The book develops and then critically examines these various principled arguments. It also attempts to de-homogenize hate speech law into different clusters of laws/regulations/codes that constrain uses of hate speech, so as to facilitate a more nuanced examination of the principled arguments. Finally, it argues that it is morally fitting for judicial and legislative judgments about the overall warrant of hate speech law to reflect principled compromise. Principled compromise is characterized not merely by compromise over matters of principled concern but also by compromise which is itself governed by ideals of moral duty or civic virtue (e.g., reciprocity, equality, and mutual respect). The Open Access version of this book, available at https://doi.org/10.4324/9781315714899, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

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

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4./5 ( download)

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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.

HATE

Author : Nadine Strossen
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.

Striking a Balance

Author : Sandra Coliver
Publisher : Article 19
ISBN 13 :
Total Pages : 440 pages
Book Rating : 4.3/5 (91 download)

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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:

Manual on hate speech

Author : Anne Weber
Publisher : Council of Europe
ISBN 13 : 9287178771
Total Pages : 96 pages
Book Rating : 4.2/5 (871 download)

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Book Synopsis Manual on hate speech by : Anne Weber

Download or read book Manual on hate speech written by Anne Weber and published by Council of Europe. This book was released on 2014-01-01 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to freedom of expression entails duties and responsibilities and is subject to certain limits, provided for in Article 10.2 of the European Convention on Human Rights, which are concerned, among other things, with protecting the rights of others. Identifying what constitutes "hate speech" is especially difficult because this type of speech does not necessarily involve the expression of hatred or feelings.On the basis of all the applicable texts on freedom of expression and the case law of the European Court of Human Rights and other bodies, the author identifies certain parameters that make it possible to distinguish expressions which, although sometimes insulting, are fully protected by the right to freedom of expression from those which do not enjoy that protection.

Freedom of speech vs. Hate speech

Author : Caroline Mutuku
Publisher : GRIN Verlag
ISBN 13 : 3668726094
Total Pages : 5 pages
Book Rating : 4.6/5 (687 download)

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Book Synopsis Freedom of speech vs. Hate speech by : Caroline Mutuku

Download or read book Freedom of speech vs. Hate speech written by Caroline Mutuku and published by GRIN Verlag. This book was released on 2018-06-14 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2018 in the subject Law - Civil Action / Lawsuit Law, grade: 1.2, , language: English, abstract: Freedom of speech appears to be one of the most fundamental rights of the U.S citizens. This provision is protected by the U.S Constitution through the First Amendment of the American Constitution; therefore, it guarantees the U.S citizens with freedom of expression. The amendment states, “Congress shall make no law... abridging the freedom of speech or of the press” (Germani par. 1). However, hate speech is regarded to as a legal crime because; it interferes with other provisions in the U.S Bill of Rights. As a result, there have been numerous enactments carried out by the U.S Legislature to protect the loyalty of the U.S citizens through expression. In regard to the First Amendment of the U.S Constitution, an individual can be convicted of hate speech crime in circumstances where one’s statements evoke violence. Moreover, statements, which constitute threats to other people or the Government, are regarded to as hate speech crime. However, conviction of an individual for crimes related to hate speech requires legal approaches to justify the individual’s breach of the law. Huhn states, “Even in cases where it is clear that a person is threatening violence.., the person may be criminally prosecuted only if the law in question is carefully drawn so that it applies only in appropriate cases”

Confessions of a Free Speech Lawyer

Author : Rodney A. Smolla
Publisher : Cornell University Press
ISBN 13 : 1501749668
Total Pages : 447 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Confessions of a Free Speech Lawyer by : Rodney A. Smolla

Download or read book Confessions of a Free Speech Lawyer written by Rodney A. Smolla and published by Cornell University Press. This book was released on 2020-05-15 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the personal and frank Confessions of a Free Speech Lawyer, Rodney A. Smolla offers an insider's view on the violent confrontations in Charlottesville during the "summer of hate." Blending memoir, courtroom drama, and a consideration of the unhealed wound of racism in our society, he shines a light on the conflict between the value of free speech and the protection of civil rights. Smolla has spent his career in the thick of these tempestuous and fraught issues, from acting as lead counsel in a famous Supreme Court decision challenging Virginia's law against burning crosses, to serving as co-counsel in a libel suit brought by a fraternity against Rolling Stone magazine for publishing an article alleging that one of the fraternity's initiation rituals included gang rape. Smolla has also been active as a university leader, serving as dean of three law schools and president of one and railing against hate speech and sexual assault on US campuses. Well before the tiki torches cast their ominous shadows across the nation, the city of Charlottesville sought to relocate the Unite the Right rally; Smolla was approached to represent the alt-right groups. Though he declined, he came to wonder what his history of advocacy had wrought. Feeling unsettlingly complicit, he joined the Charlottesville Task Force, and he realized that the events that transpired there had meaning and resonance far beyond a singular time and place. Why, he wonders, has one of our foundational rights created a land in which such tragic clashes happen all too frequently?

The Inherent Danger of Hate Speech Legislation

Author : Andrea Scheffler
Publisher :
ISBN 13 : 9789994577309
Total Pages : 119 pages
Book Rating : 4.5/5 (773 download)

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Book Synopsis The Inherent Danger of Hate Speech Legislation by : Andrea Scheffler

Download or read book The Inherent Danger of Hate Speech Legislation written by Andrea Scheffler and published by . This book was released on 2015 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Religious Speech, Hatred and LGBT Rights

Author : Jeroen Temperman
Publisher : BRILL
ISBN 13 : 9004458867
Total Pages : 115 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Religious Speech, Hatred and LGBT Rights by : Jeroen Temperman

Download or read book Religious Speech, Hatred and LGBT Rights written by Jeroen Temperman and published by BRILL. This book was released on 2021-07-19 with total page 115 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates into the dynamics between international incitement prohibitions and international standards on freedom of religious speech, with a special focus on the potential incitement prohibitions harbour for the protection of the rights of LGBT+ people