Contested Words

Legal Restrictions on Freedom of Speech in Liberal Democracies

Author: Ian Cram

Publisher: Ashgate Publishing, Ltd.

ISBN: 9780754623656

Category: Law

Page: 233

View: 1927

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In modern liberal democracies, rights-based judicial intervention in the policy choices of elected bodies has always been controversial. For some, judicial intervention has tended to trivialize and impoverish democratic politics. For others, judges are better understood as contributing to a healthy dialogue between the different spheres of the constitution. This book offers a contribution to on-going debates surrounding the judicial role in protecting human rights in western society.
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Speech Matters

Getting Free Speech Right

Author: Professor of Politics and Public Policy Katharine Gelber

Publisher: Univ. of Queensland Press

ISBN: 0702247324

Category: History

Page: 224

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"Why are Australians getting free speech Wrong? Australia is the land of the 'Fair Go'. But does this extend to giving everyone the right to speak freely about politics? While most Australians take this vital freedom for granted, in Speech Matters political analyst Katharine Gelber shows why many of Australia's laws and policies are actually damaging our democratic ideals. A council officer shuts down a Sydney art exhibition that challenges the basis for the Iraq war; big day out organisers are attacked for asking attendees not to wear the Australian flag after the Cronulla riots. Gelber investigates a wide range of political expression to discover what value Australians place on free speech: from the national flag, hate speech and anti-terrorism laws to protest, campaigns against corporate actions and provocative art. Gelber considers the rules that regulate our speech and actions alongside the views of everyday Australians on these issues. What Gelber finds is a political culture that is failing free speech. In Australia, powerful companies can silence dissent, and even peaceful protest can be difficult to carry out. Filled with controversial examples to fuel the debate, Speech Matters challenges Australians to rethink freedom of speech. It's time to give everyone a voice in running the country."--Publisher's website.
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Free Speech and Its Relation to Self-Government

Author: Alexander Meiklejohn

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584770872

Category: Law

Page: 107

View: 1965

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Meiklejohn, Alexander. Free Speech and Its Relation to Self Government. New York: Harper Brothers Publishers, [1948]. xiv, 107pp. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 99-87204. ISBN 1-58477-087-2. Cloth. $80. * "Dr. Meiklejohn [1872-1964], in a book which greatly needed writing, has thought through anew the foundations and structure of our theory of free speech...he rejects all compromise. He reexamines the fundamental principles of Justice Holmes' theory of free speech and finds it wanting because, as he views it, under the Holmes doctrine speech is not free enough. In these few pages, Holmes meets an adversary worthy of him... Meiklejohn in his own way writes a prose as piercing as Holmes, and as a foremost American philosopher, the reach of his culture is as great...this is the most dangerous assault which the Holmes position has ever borne." John P. Frank, Texas Law Review 27:405-412.
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Freedom of Speech and Its Limits

Author: Wojciech Sadurski

Publisher: Springer Science & Business Media

ISBN: 9781402002816

Category: Philosophy

Page: 240

View: 4672

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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.
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Freedom of Speech

The History of an Idea

Author: Elizabeth Powers

Publisher: Rowman & Littlefield

ISBN: 1611483662

Category: History

Page: 227

View: 4438

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The essays in this volume portray the public debates concerning freedom of speech in the 18th century in France and Britain as well as Austria, Denmark, Russia, and Spain and its American territories. The economic integration of Europe and its offshoots over the past three centuries into a distinctive cultural product, "the West," has given rise to a triumphant universalist narrative that masks these disparate national contributions to freedom of speech and other liberal rights.
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Freedom of Speech

A Reference Guide to the United States Constitution

Author: Keith Werhan

Publisher: Greenwood Publishing Group

ISBN: 9780313319976

Category: Law

Page: 176

View: 3547

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The Fair Labor Standards Act (FLSA) provides workers with minimum wage, overtime pay, and child labor protections. The FLSA covers most, but not all, private and public sector employees. In addition, certain employers and employees are exempt from coverage. Provisions of the FLSA that are of current interest to Congress include the basic minimum wage, subminimum wage rates, exemptions from overtime and the minimum wage for persons who provide companionship services, the exemption for employees in computer-related occupations, compensatory time in lieu of overtime pay, and break time for nursing mothers. The National Labor Relations Act (NLRA) recognizes the right of employees to engage in collective bargaining through representatives of their own choosing. By "encouraging the practice and procedure of collective bargaining," the Act attempts to mitigate and eliminate labor-related obstructions to the free flow of commerce. Although union membership has declined dramatically since the 1950s, congressional interest in the NLRA remains significant. This book provides an overview of both the Fair Labor Standards Act and the National Labor Relations Act with a focus on coverage, amendments and policy.
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Human Liberty and Freedom of Speech

Author: C. Edwin Baker

Publisher: Oxford University Press

ISBN: 9780195360028

Category: Law

Page: N.A

View: 8143

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Although an inchoate liberty theory of freedom of speech has deep roots in Supreme Court decisions and political history, it has been overshadowed in judicial decisions and scholarly commentary by the marketplace of ideas theory. In this book, Baker critiques the assumptions required by the marketplace of ideas theory and develops the liberty theory, showing its philosophical soundness, persuasiveness, and ability to protect free speech. He argues that First Amendment liberty rights (as well as Fourteenth Amendment equality rights) required by political or moral theory are central to the possibility of progressive change. Problem areas are examined, including the question of whether individual political and civil rights can in principle be distinguished from property rights, freedom of the press, and the use of public spaces for expressive purposes.
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Free speech for me--but not for thee

how the American left and right relentlessly censor each other

Author: Nat Hentoff

Publisher: Harpercollins

ISBN: N.A

Category: Law

Page: 405

View: 2938

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Examines the issues of free speech and censorship, discussing examples where only one side of an issue was permitted to be voiced
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Freedom of Speech: Volume 21

Author: Ellen Frankel Paul,Fred D. Miller,Jeffrey Paul

Publisher: Cambridge University Press

ISBN: 9780521603751

Category: Philosophy

Page: 439

View: 4210

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This volume examine the history of free speech doctrine.
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