Defamation and Freedom of Speech
Defamation and Freedom of Speech

Author: Dario Milo

Publisher: Oxford University Press, USA

Published: 2008-02-14

Total Pages: 394

ISBN-13:

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The book examines the law of defamation, and argues that it must be reformed in a number of ways in order to balance two important constitutional rights, the right to reputation and the right to freedom of expression. The book analyses how far the media and others should be entitled to go in reporting on important matters of public interest in society, such as corruption and misconduct in public office. It also examines where the line should be drawn between a public figure's public and private life.

Defamation and Freedom of Speech
Defamation and Freedom of Speech

Author: Dario Milo

Publisher:

Published: 2008

Total Pages: 338

ISBN-13: 9780191709449

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This text examines the law of defamation, and argues that it must be reformed in a number of ways in order to balance two important constitutional rights, the right to reputation and the right to freedom of expression.

The Oxford Handbook of Freedom of Speech
The Oxford Handbook of Freedom of Speech

Author: Adrienne Stone

Publisher: Oxford University Press, USA

Published: 2021-01-14

Total Pages: 609

ISBN-13: 019882758X

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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.

Freedom of expression and defamation
Freedom of expression and defamation

Author: Tarlach McGonagle

Publisher: Council of Europe

Published: 2016-09-01

Total Pages: 72

ISBN-13: 9287183473

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Freedom of expression and defamation: where do we draw the line? Freedom of expression is a fundamental freedom, one of the cornerstones of democracy in Europe, enshrined in various key texts, including the European Convention on Human Rights. But the boundaries between freedom to criticise and damaging a person’s honour or reputation are not always very clear. By defining public insults and defamation, the law can set limits on freedom of expression, which is neither absolute nor boundless. But how far can it go? This study examines the details of the European Court of Human Right’s case law on defamation. It explores a range of substantive and procedural issues that the Court has considered, and clarifies the concept of defamation, positioning it in relation to freedom of expression and public debate. It explains how overly protective defamation laws can have a chilling effect on freedom of expression and public debate, and discusses the proportionality of defamation laws and their application.

Freedom of Speech or Defamation? Expressing Yourself on the Web
Freedom of Speech or Defamation? Expressing Yourself on the Web

Author: Jason Porterfield

Publisher: The Rosen Publishing Group, Inc

Published: 2012-12-15

Total Pages: 50

ISBN-13: 1448883768

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Digital communication—particularly via social networking sites—has quickly become a dominant form of interaction in our society and worldwide. The instantaneous convenience of conversation and dialog with friends down the street or strangers halfway across the globe is a wondrous technological development and one with enormous potential for relationship-strengthening, idea-sharing, and community-building. Yet the anonymity of digital communication and self-expression also provides some users with a false sense of impunity. They feel encouraged to say things they wouldn't say in a face-to-face encounter. Some of these posts can be bullying; some can involve hate speech or defamation. Readers will walk the line that separates harsh but legitimate criticism, which is protected by free speech provisions of the Constitution, from defamation and other illegal forms of expression. They also wade into these troubled waters, sort through the major legal precedents, and are provided with some invaluable guidelines to follow when expressing themselves or communicating with others via the Internet.

Human Rights: Group Defamation, Freedom of Expression and the Law of Nations
Human Rights: Group Defamation, Freedom of Expression and the Law of Nations

Author: Thomas David Jones

Publisher: BRILL

Published: 2021-09-27

Total Pages: 333

ISBN-13: 9004481672

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In his book Human Rights: Group Defamation, Freedom of Expression and the Law of Nations, Thomas David Jones presents a discussion and analysis of the laws governing group defamation and speech inciteful of racial hatred in Great Britain, Canada, India, Nigeria, and the United States. Although there exists no federal group defamation law in the United States, a few state legislatures have promulgated group defamation statutes, while a cause of action for group defamation has been recognized as justiciable in the decision law of other states. Mr Jones describes his theory as constitutional minimalism because he does not advocate the legal proscription of all derogatory hate speech. Only the sub-category of hate speech that fulfills the standard elements of proof found in common law defamation claim will be prosecuted criminally by the federal government. The author further asserts that a carefully and narrowly drafted federal criminal group defamation statute will pass constitutional muster without creating a conflict with First Amendment rights.

Words That Wound
Words That Wound

Author: Mari J Matsuda

Publisher: Routledge

Published: 2018-03-08

Total Pages: 223

ISBN-13: 0429982577

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In this book, the authors, all legal scholars from the tradition of critical race theory start from the experience of injury from racist hate speech and develop a theory of the first amendment that recognizes such injuries. In their critique of "first amendment orthodoxy", the authors argue that only a history of racism can explain why defamation, invasion of privacy and fraud are exempt from free-speech guarantees but racist verbal assault is not.