Freedom to Offend


Book Description

In the postwar era, the lure of controversy sold movie tickets as much as the promise of entertainment did. In Freedom to Offend, Raymond J. Haberski Jr. investigates the movie culture that emerged as official censorship declined and details how the struggle to free the screen has influenced our contemporary understanding of art and taste. These conflicts over film content were fought largely in the theaters and courts of New York City in the decades following World War II. Many of the regulators and religious leaders who sought to ensure that no questionable content invaded the public consciousness were headquartered in New York, as were the critics, exhibitors, and activists who sought to expand the options available to moviegoers. Despite Hollywood’s dominance of film production, New York proved to be not only the arena for struggles over film content but also the market where the financial fates of movies were sealed. Advocates for a wider range of cinematic expression eventually prevailed against the forces of censorship, but Freedom to Offend is no simple homily on the triumph of freedom from repression. In his analysis of controversies surrounding films from The Bicycle Thief to Deep Throat, Haberski offers a cautionary tale about the responsible use of the twin privileges of free choice and free expression. In the libertine 1970s, arguments in favor of the public’s right to see challenging and artistic films were twisted to provide intellectual cover for movies created solely to lure viewers with outrageous or titillating material. Social critics who stood against this emerging trend were lumped in with the earlier crusaders for censorship, though their criticism was usually rational rather than moralistic in nature. Freedom to Offend calls attention to what was lost as well as what was gained when movie culture freed itself from the restrictions of the early postwar years. Haberski exposes the unquestioning defense of the doctrine of free expression as a form of absolutism that mirrors the censorial impulse found among the postwar era’s restrictive moral guardians. Beginning in New York and spreading across America throughout the twentieth century, the battles between these opposing worldviews set the stage for debates on the social effects of the work of artists and filmmakers.




A Right to Offend


Book Description

A Right to Offend examines the current state of the concept and practice of freedom of expression in the Western World.




Offend, Shock, or Disturb


Book Description

Offend, Shock, or Disturb is a comprehensive examination of free speech under the Indian Constitution. It explores Indian free speech jurisprudence from a doctrinal, comparative, and philosophical perspective. Taking as its point of departure the constitutional guarantee of the freedom of speech and expression—Articles 19(1)(a) and 19(2) of the Constitution of India—the book discusses, clause by clause, the development of law from colonial times to present-day controversies. Issues relating to public order, sedition, obscenity and pornography, hate speech, film and online censorship, privacy and defamation, the contempt of court, the nature of speech and the relationship between free speech and economic structure, and the inter-relationships between them have been comprehensively examined. As free speech campaigns gain intensity by the day, the book presents the myriad understandings and limitations of the free speech law, and suggests possible pathways for the future.




Trigger Warning: Is the Fear of Being Offensive Killing Free Speech?


Book Description

Concise and Abridged Edition In this blistering polemic, veteran journalist Mick Hume presents an uncompromising defence of freedom of expression, which he argues is threatened in the West, not by jackbooted censorship but by a creeping culture of conformism and You-Can’t-Say-That.




Law, State and Religion in the New Europe


Book Description

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.




The Tyranny of Silence


Book Description

Journalists face constant intimidation. Whether it takes the extreme form of beheadings, death threats, government censorship or simply political correctness—it casts a shadow over their ability to tell a story. When the Danish newspaper Jyllands-Posten published the cartoons of the prophet Muhammad nine years ago, Denmark found itself at the center of a global battle about the freedom of speech. The paper's culture editor, Flemming Rose, defended the decision to print the 12 drawings, and he quickly came to play a central part in the debate about the limitations to freedom of speech in the 21st century. In The Tyranny of Silence, Flemming Rose writes about the people and experiences that have influenced his understanding of the crisis, including meetings with dissidents from the former Soviet Union and ex-Muslims living in Europe. He provides a personal account of an event that has shaped the debate about what it means to be a citizen in a democracy and how to coexist in a world that is increasingly multicultural, multireligious, and multiethnic.




A Right to Offend


Book Description

"Over the past two decades, there have been a series of events that have brought into question the concept and practice of free expression. In this new book, Winston provides an account of the current state of freedom of expression in the western world. He analyses all the most pertinent cases of conflict during the last two decades - including the fatwa against Salman Rushdie, the incident of the Danish cartoons and offended celebrities - examining cultural, legal and journalistic aspects of each case. A Right to Offend offers us a deeper understanding of the increasingly threatening environment in which free speech operates and is defended, as well as how it informs and is central to journalism practice and media freedom more generally. It is important reading for all those interested in freedom of expression in the twenty-first century."--Publisher's website.




Freedom for the Thought That We Hate


Book Description

More than any other people on earth, we Americans are free to say and write what we think. The press can air the secrets of government, the corporate boardroom, or the bedroom with little fear of punishment or penalty. This extraordinary freedom results not from America’s culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment.InFreedom for the Thought That We Hate, two-time Pulitzer Prize-winner Anthony Lewis describes how our free-speech rights were created in five distinct areas—political speech, artistic expression, libel, commercial speech, and unusual forms of expression such as T-shirts and campaign spending. It is a story of hard choices, heroic judges, and the fascinating and eccentric defendants who forced the legal system to come face to face with one of America’s great founding ideas.




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


Book Description

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.




Freedom from Speech


Book Description

This is a surreal time for freedom of speech. While the legal protections of the First Amendment remain strong, the culture is obsessed with punishing individuals for allegedly offensive utterances. And academia - already an institution in which free speech is in decline - has grown still more intolerant, with high-profile "disinvitation" efforts against well-known speakers and demands for professors to provide "trigger warnings" in class. In this Broadside, Greg Lukianoff argues that the threats to free speech go well beyond political correctness or liberal groupthink. As global populations increasingly expect not just physical comfort but also intellectual comfort, threats to freedom of speech are only going to become more intense. To fight back, we must understand this trend and see how students and average citizens alike are increasingly demanding freedom from speech.