Author : Adrienne Stone
Publisher : Oxford University Press, USA
Page : 609 pages
File Size : 12,4 MB
Release : 2021-01-14
Category : Law
ISBN : 019882758X
The Oxford Handbook on Freedom of Speech provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law.
Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 25,31 MB
Release : 2017-08-04
Category : Political Science
ISBN :
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.
Author : Péter Molnár
Publisher : Central European University Press
Page : 562 pages
File Size : 32,79 MB
Release : 2015-02-01
Category : Political Science
ISBN : 9633860571
This book focuses on regulatory challenges of creating and sustaining freedom of speech and freedom of information two decades after the fall of the Berlin wall, in global, comparative context. Some chapters overview, others address specific issues, or describe country case studies. Instead of trying to provide an exhaustive assessment which in one volume might not reach deeper analyzes of contextual details, this book will shed light on and help better understanding of general challenges for freedom of speech and information through varying comparative examples and highlighting important regulatory questions.
Author : Lee C. Bollinger
Publisher :
Page : 377 pages
File Size : 18,26 MB
Release : 2019
Category : Law
ISBN : 0190841370
The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for first invoking the phrase "clear and present danger." Although the decision upheld the conviction of an individual for criticizing the draft during World War I, it also laid the foundation for our nation's robust protection of free speech. Over time, the standard Holmes devised made freedom of speech in America a reality rather than merely an ideal. In The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars--Cass Sunstein, Lawrence Lessig, Laurence Tribe, Kathleen Sullivan, Catherine McKinnon, among others--to evaluate the evolution of free speech doctrine since Schenk and to assess where it might be headed in the future. Since 1919, First Amendment jurisprudence in America has been a signal development in the history of constitutional democracies--remarkable for its level of doctrinal refinement, remarkable for its lateness in coming (in relation to the adoption of the First Amendment), and remarkable for the scope of protection it has afforded since the 1960s. Over the course of The First Amendment Century, judicial engagement with these fundamental rights has grown exponentially. We now have an elaborate set of free speech laws and norms, but as Stone and Bollinger stress, the context is always shifting. New societal threats like terrorism, and new technologies of communication continually reshape our understanding of what speech should be allowed. Publishing on the one hundredth anniversary of the decision that laid the foundation for America's free speech tradition, The Free Speech Century will serve as an essential resource for anyone interested in how our understanding of the First Amendment transformed over time and why it is so critical both for the United States and for the world today.
Author : Michael Herz
Publisher : Cambridge University Press
Page : 569 pages
File Size : 26,5 MB
Release : 2012-04-09
Category : Law
ISBN : 1107375614
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?
Author :
Publisher :
Page : 32 pages
File Size : 35,44 MB
Release : 1978
Category : Civil rights
ISBN :
Author : Natan Lerner
Publisher : Martinus Nijhoff Publishers
Page : 294 pages
File Size : 37,17 MB
Release : 2024-01-09
Category : Law
ISBN : 9004637109
Author : Andrew Clapham
Publisher : Oxford University Press, USA
Page : 217 pages
File Size : 39,95 MB
Release : 2015
Category : Law
ISBN : 0198706162
Focusing on highly topical issues such as torture, arbitrary detention, privacy, and discrimination, this book will help readers to understand for themselves the controversies and complexities behind human rights.
Author : Sebastian Brett
Publisher : Human Rights Watch
Page : 210 pages
File Size : 11,29 MB
Release : 1998
Category : Political Science
ISBN : 9781564321923
History and Legal Norms
Author : Wojciech Sadurski
Publisher : Springer
Page : 237 pages
File Size : 16,55 MB
Release : 2014-08-15
Category : Philosophy
ISBN : 9401093423
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.
