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Author: Steven J. Heyman Publisher: Yale University Press ISBN: 0300148224 Category : Political Science Languages : en Pages : 318
Book Description
Debates over hate speech, pornography, and other sorts of controversial speech raise issues that go to the core of the First Amendment. Supporters of regulation argue that these forms of expression cause serious injury to individuals and groups, assaultin
Author: Steven J. Heyman Publisher: Yale University Press ISBN: 0300148224 Category : Political Science Languages : en Pages : 318
Book Description
Debates over hate speech, pornography, and other sorts of controversial speech raise issues that go to the core of the First Amendment. Supporters of regulation argue that these forms of expression cause serious injury to individuals and groups, assaultin
Author: Adrienne Stone Publisher: Oxford University Press, USA ISBN: 019882758X Category : Law Languages : en Pages : 609
Book Description
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: Jeremy Waldron Publisher: Harvard University Press ISBN: 0674069919 Category : Law Languages : en Pages : 271
Book Description
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.
Author: Bychawska-Siniarska, Dominika Publisher: Council of Europe ISBN: Category : Political Science Languages : en Pages : 124
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.
Author: Michael Herz Publisher: Cambridge University Press ISBN: 1107375614 Category : Law Languages : en Pages : 569
Book Description
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: Alex Brown Publisher: Routledge ISBN: 1317502361 Category : Philosophy Languages : en Pages : 380
Book Description
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.
Author: Eric Heinze Publisher: MIT Press ISBN: 0262547244 Category : Political Science Languages : en Pages : 207
Book Description
A bold, groundbreaking argument by a world-renowned expert that unless we treat free speech as the fundamental human right, there can be no others. What are human rights? Are they laid out definitively in the UN’s Universal Declaration of Human Rights or the US Bill of Rights? Are they items on a checklist—dignity, justice, progress, standard of living, health care, housing? In The Most Human Right, Eric Heinze explains why global human rights systems have failed. International organizations constantly report on how governments manage human goods, such as fair trials, humane conditions of detention, healthcare, or housing. But to appease autocratic regimes, experts have ignored the primacy of free speech. Heinze argues that goods become rights only when citizens can claim them publicly and fearlessly: free speech is the fundamental right, without which the very concept of a “right” makes no sense. Heinze argues that throughout history countless systems of justice have promised human goods. What, then, makes human rights different? What must human rights have that other systems have lacked? Heinze revisits the origins of the concept, exploring what it means for a nation to protect human rights, and what a citizen needs in order to pursue them. He explains how free speech distinguishes human rights from other ideas about justice, past and present.
Author: Christopher McCrudden Publisher: Proceedings of the British Aca ISBN: 9780197265826 Category : Law Languages : en Pages : 0
Book Description
The concept of 'human dignity' has become central to politics, law and theology but is little understood. This book presents a wide-ranging collection of edited essays from specialists in law, theology, politics and history and defines the main areas of current debates about the concept in these disciplines.
Author: Nadine Strossen Publisher: NYU Press ISBN: 1479830798 Category : Social Science Languages : en Pages : 218
Book Description
Named a Notable Book by The New York Times Book Review in 1995, Defending Pornography examines a key question that has divided feminists for decades: is censoring pornography good or bad for women? Nadine Strossen makes a powerful case that increasing government power to censor sexual expression, beyond the limits that the First Amendment sensibly permits (for example, outlawing child pornography) would do more harm than good for women and others who have traditionally been marginalized due to sex or gender, She explains how the very anti-porn laws pushed by some feminists have led to the censorship of LGBTQ+ and feminist works, and she examines the startling connections between anti-porn feminists and right-wing fundamentalists. In an illuminating new Preface, Strossen lays out the multiple current assaults on sexual expression, which continue to come from across the ideological spectrum. She shows that freedom for such expression remains an essential prerequisite for the equality, safety, and dignity of women and sexual/gender minorities.
Author: Steven J. Heyman
Author: Steven J. Heyman
Author: Adrienne Stone
Author: Jeremy Waldron
Author: 
Author: Bychawska-Siniarska, Dominika
Author: Michael Herz
Author: Alex Brown
Author: Eric Heinze
Author: Christopher McCrudden
Author: Nadine Strossen