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| Author | : Steven J. Heyman |
| Publisher | : Yale University Press |
| Total Pages | : 318 |
| Release | : 2008-01-01 |
| Genre | : Political Science |
| ISBN | : 0300148224 |
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 |
| Total Pages | : 609 |
| Release | : 2021-01-14 |
| Genre | : 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 | : Jeremy Waldron |
| Publisher | : Harvard University Press |
| Total Pages | : 271 |
| Release | : 2012-06-08 |
| Genre | : Law |
| ISBN | : 0674069919 |
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 |
| Total Pages | : 124 |
| Release | : 2017-08-04 |
| Genre | : 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 | : C. Edwin Baker |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 396 |
| Release | : 1989 |
| Genre | : Freedom of speech |
| ISBN | : 0195079027 |
Baker here evaluates the prevalent justifications for freedom of speech and formulates a liberty theory, which he applies to contemporary free speech cases as a means of suggesting possible reforms to free speech doctrine.
| Author | : Michael J. Meyer |
| Publisher | : |
| Total Pages | : 268 |
| Release | : 1992 |
| Genre | : History |
| ISBN | : |
This volume presents essays on the place of "dignity" or "human dignity" in the moral and juridical universe of the U.S. Constitution. It is dedicated to William J. Brennan, Jr., whose tenure as a Supreme Court associate justice marks the high point of efforts to include the idea of dignity as "implicit in the scheme of ordered liberty" that is part "of the deepest held conviction of a civilized people." The essays are of two kinds: efforts to define human dignity, or studies of human dignity as a principle in the structure of liberty found in the Bill of Rights and the Civil War amendments. The essays argue for the recognition of the idea of dignity as part of the very foundation of the constitution of rights, liberties, and obligations celebrated in the 1991 bicentennial of the Bill of Rights. An exception is a vintage piece by Raoul Berger, in which he rejects Brennan's approach to constitutional interpretation. ISBN 0-8014-2650-2: $32.50.
| Author | : Michael Herz |
| Publisher | : Cambridge University Press |
| Total Pages | : 569 |
| Release | : 2012-04-09 |
| Genre | : 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 | : Eric Heinze |
| Publisher | : MIT Press |
| Total Pages | : 207 |
| Release | : 2023-09-19 |
| Genre | : Political Science |
| ISBN | : 0262547244 |
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 | : Steven H. Shiffrin |
| Publisher | : Cambridge University Press |
| Total Pages | : 241 |
| Release | : 2016-10-06 |
| Genre | : Law |
| ISBN | : 1107160960 |
This book argues that America's relationship with the First Amendment jeopardizes privacy, equality, fair trials and democracy.
| Author | : |
| Publisher | : |
| Total Pages | : 32 |
| Release | : 1978 |
| Genre | : Civil rights |
| ISBN | : |
