Human Liberty and Freedom of Speech

Author: C. Edwin Baker

Publisher: Oxford University Press

ISBN: 9780195360028

Category: Law

Page: N.A

View: 4749

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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Hate Speech and Freedom of Speech in Australia

Author: Katharine Gelber,Adrienne Sarah Ackary Stone

Publisher: Federation Press

ISBN: 9781862876538

Category: Law

Page: 238

View: 1988

Hate speech laws have existed in various forms in Australia for well over a decade. Unlike other countries, such as the United States and Canada, they have not faced constitutional hurdles to their existence. The general acceptance of hate speech laws in Australia opens intellectual space for the exploration of a range of interesting questions regarding the laws' operation, the underlying values they pursue and the context within which hate speech is occurring. How should the regulation of hate speech be balanced against Australia's political and cultural commitment to freedom of speech? Who are the hate speakers and how does their speech manifest? What types of hate speech are targeted by existing laws? How are these laws enforced? How can the laws be changed to improve governments' response to hate speech? How does the emergence of bills of rights affect the regulation of hate speech? Drawing on a broad range of academic and practical experts, this book addresses these questions. The essays in first part of this book outline the landscape within which hate speech regulation occurs. They include consideration of the legal, policy and historical context for vilification, the ways in which the language of hatred is changing, and a new look at the longstanding debate about the tension between freedom of speech and hate speech as a conflict between liberty and equality. In part two, the book considers the practice of hate speech regulation in a variety of Australian institutions and includes practical perspectives from the legal profession. In the final part the essays consider hate speech regulation within a broader human rights framework, taking into account the emergence of bills of rights in Australian states.
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Freedom of Speech

Author: Eric Barendt

Publisher: Oxford University Press

ISBN: 0199244510

Category: Business & Economics

Page: 526

View: 2307

Fully revised and updated, this title examines topical issues such as free speech and freedom of the press, as well as considering other important developments and legislation.
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Speechless

The Erosion of Free Expression in the American Workplace

Author: Bruce Barry

Publisher: Berrett-Koehler Publishers

ISBN: 1576755177

Category: Law

Page: 250

View: 1579

As our forms of communication continue to evolve, the question of freedom of expression in the workplace will stay on the front burner and interest continues to increase. This work discusses the subject of worker rights that tend to focus on employees' right to privacy. It also examines the larger question of workers' right to free expression.
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Secrecy and Liberty

National Security, Freedom of Expression and Access to Information

Author: Sandra Coliver

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041111913

Category: Law

Page: 575

View: 4371

A. Notes on Editors.
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The Scope of Tolerance

Studies on the Costs of Free Expression and Freedom of the Press

Author: Raphael Cohen-Almagor

Publisher: Routledge

ISBN: 1134247346

Category: Political Science

Page: 240

View: 8327

One of the dangers in any political system is that the principles that underlie and characterize it may, through their application, bring about its destruction. Liberal democracy is no exception. Moreover, because democracy is relatively a young phenomenon, it lacks experience in dealing with pitfalls involved in the working of the system - the ‘catch’ of democracy. This is an interdisciplinary study concerned with the limits of tolerance, this ‘democratic catch’, and the costs of freedom of expression. Rights are costly, and someone must pay for them. We can and should ask about the justification for bearing the costs, weighing them against the harms inflicted upon society as a result of a wide scope of tolerance. While recognizing that we have the need to express ourselves, we should also inquire about the justifications for tolerating the damaging speech and whether these are weighty enough. This book combines theory and practice, examining issues of contention from philosophical, legal and media perspectives and covers such issues as: media invasion into one’s privacy offensive speech incitement hate speech holocaust denial media coverage of terrorism. This book is essential reading for anyone who has research interests in political theory, extremism, and free speech.
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Our Rights

Author: David J. Bodenhamer

Publisher: Oxford University Press, USA

ISBN: 0195325672

Category: Political Science

Page: 253

View: 7796

Designed for high school students and motivated lay readers, this book will be an introduction to the rights held by American citizens under the U.S. Constitution as explored through a series of historical case studies. Each chapter will use dramatic narrative to illustrate a right in action. Most examples, but not all, will use U.S. Supreme Court cases to focus on a time when the right in question received its modern interpretation. The aim, however, will be to use each chapter to discuss how the right applies today and how courts and other interpreters seek to balance this right with important societal concerns, such as the need for order and public safety. The book will begin with a 20-page chapter on how we arrived at our modern concept of rights. The major interpretive thread will be the continual struggle to define limits on the power of the state. The chapter will introduce several key themes: our understanding of rights has emerged from history (experience); our definition and interpretation of rights is always evolving; concepts of rights are always under contention; and various actors-legislatures, executives, and courts-compete to be the final interpreter of our rights. American constitutional rights generally fall into one of three groups-rights of democracy, that is, rights required for American democracy to work effectively; rights of the accused, or due process rights that assure a fair trial for individuals accused of crimes; and other rights of persons, including the right to privacy. A fourth category of rights are not constitutional per se, but often we conceive of them as such even though often they are statutory rights, such as the right to education... A concluding chapter will discuss other rights that may evolve as a result of current political and social movements, such as the right to health care. Along with Our Constitution and Pivotal Supreme Court Cases (working title), this book has the potential to become a core text for the annual observance of Constitution Day on September 17, which is mandated by Congress for all educational institutions receiving federal funds.
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Courting the Abyss

Free Speech and the Liberal Tradition

Author: John Durham Peters

Publisher: University of Chicago Press

ISBN: 9780226662756

Category: Philosophy

Page: 316

View: 5113

Courting the Abyss updates the philosophy of free expression for a world that is very different from the one in which it originated. The notion that a free society should allow Klansmen, neo-Nazis, sundry extremists, and pornographers to spread their doctrines as freely as everyone else has come increasingly under fire. At the same time, in the wake of 9/11, the Right and the Left continue to wage war over the utility of an absolute vision of free speech in a time of increased national security. Courting the Abyss revisits the tangled history of free speech, finding resolutions to these debates hidden at the very roots of the liberal tradition. A mesmerizing account of the role of public communication in the Anglo-American world, Courting the Abyss shows that liberty's earliest advocates recognized its fraternal relationship with wickedness and evil. While we understand freedom of expression to mean "anything goes," John Durham Peters asks why its advocates so often celebrate a sojourn in hell and the overcoming of suffering. He directs us to such well-known sources as the prose and poetry of John Milton and the political and philosophical theory of John Locke, Adam Smith, John Stuart Mill, and Oliver Wendell Holmes Jr., as well as lesser-known sources such as the theology of Paul of Tarsus. In various ways they all, he shows, envisioned an attitude of self-mastery or self-transcendence as a response to the inevitable dangers of free speech, a troubled legacy that continues to inform ruling norms about knowledge, ethical responsibility, and democracy today. A world of gigabytes, undiminished religious passion, and relentless scientific discovery calls for a fresh account of liberty that recognizes its risk and its splendor. Instead of celebrating noxious doctrine as proof of society's robustness, Courting the Abyss invites us to rethink public communication today by looking more deeply into the unfathomable mystery of liberty and evil.
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Free Expression, Globalism, and the New Strategic Communication

Author: Monroe E. Price

Publisher: Cambridge University Press

ISBN: 1107072514

Category: Political Science

Page: 286

View: 9246

This book exposes the anxieties of loss of control and missed opportunities for freedom of expression resulting from changes in technologies and geopolitics.
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Human Rights and Civil Liberties

Author: Steve Foster

Publisher: Blackstone Press

ISBN: 0199237263

Category: Political Science

Page: 299

View: 9949

No matter how good your research and study skills, the ultimate test for the law student is the exam. This book explains how to successfully tackle the sort of problems and essay questions typically found in exam papers. The author clearly guides students through the process of planning and structuring answers, providing advice on what to include, and on what to leave out. The book contains 50 questions and example answers divided into chapters covering all major topics within both domestic civil liberties and international human rights. Each chapter begins with an introduction focusing on important points and ends with suggestions for further reading. Each question is supported by clear commentary indicating exactly what examiners are looking for, followed by an answer plan listing the key points to cover. Online Resource Centre An Online Resource Center accompanies the book, providing updates in the law, links to useful websites, suggestions for further reading and a glossary to develop students' knowledge of subject-specific terms.
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