The Limits of Expression

The Limits of Expression

Author: Patricia Kolaiti

Publisher: Cambridge University Press

Published: 2019-01-24

Total Pages: 153

ISBN-13: 110841866X

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A radically new view of the interplay between language, literature and mind.


Freedom of Speech and Its Limits

Freedom of Speech and Its Limits

Author: Wojciech Sadurski

Publisher: Springer

Published: 2014-08-15

Total Pages: 237

ISBN-13: 9401093423

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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.


Dilemmas of Free Expression

Dilemmas of Free Expression

Author: Emmett Macfarlane

Publisher: University of Toronto Press

Published: 2021-11-08

Total Pages: 331

ISBN-13: 1487529309

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Free expression is under threat. Social media and fake news, misinformation, and disinformation have prompted governments to propose new forms of regulation that are deeply challenging to free expression. Hate speech, far-right populism, campus speech debates, and censorship consistently make headlines in Canada and abroad. Dilemmas of Free Expression offers forward-looking appraisals of ways to confront challenging moral issues, policy problems, and controversies that pay heed to the fundamental right to free expression. The essays in this volume offer timely analyses of the law, policy, and philosophical challenges, and social repercussions to our understanding of expressive freedom in relation to government obligations and public discourse. Free expression and its limits are multifaceted, deeply complex, inherently values-based, and central to the ability of a society to function. Dilemmas of Free Expression addresses the challenges of limiting free expression across a host of issues through an analyses by leading and emerging voices in a number of disciplines, including political science, law, philosophy, and Indigenous studies.


Regulating Free Speech in a Digital Age

Regulating Free Speech in a Digital Age

Author: David Bromell

Publisher: Springer Nature

Published: 2022-02-11

Total Pages: 241

ISBN-13: 3030955508

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Hateful thoughts and words can lead to harmful actions like the March 2019 terrorist attack on mosques in Christchurch, New Zealand. In free, open and democratic societies, governments cannot justifiably regulate what citizens think, feel, believe or value, but do have a duty to protect citizens from harmful communication that incites discrimination, active hostility and violence. Written by a public policy advisor for fellow practitioners in politics and public life, this book discusses significant practical and moral challenges regarding internet governance and freedom of speech, particularly when responding to content that is legal but harmful. Policy makers and professionals working for governmental institutions need to strike a fair balance between protecting from harm and preserving the right to freedom of expression. And because merely passing laws does not solve complex social problems, governments need to invest, not just regulate. Governments, big tech and the private sector, civil society, individual citizens and the fourth estate all have roles to play, and counter-speech is everyone’s responsibility. This book tackles hard questions about internet governance, hate speech, cancel culture and the loss of civility, and illustrates principled pragmatism applied to perplexing policy problems. Furthermore, it presents counter-speech strategies as alternatives and complements to censorship and criminalisation.


The Value and Limits of Academic Speech

The Value and Limits of Academic Speech

Author: Donald Alexander Downs

Publisher: Routledge

Published: 2018-05-03

Total Pages: 313

ISBN-13: 1351064487

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Free speech has been a historically volatile issue in higher education. In recent years, however, there has been a surge of progressive censorship on campus. This wave of censorship has been characterized by the explosive growth of such policies as "trigger warnings" for course materials; "safe spaces" where students are protected from speech they consider harmful or distressing; "micro-aggression" policies that often strongly discourage the use of words that might offend sensitive individuals; new "bias-reporting" programs that consist of different degrees of campus surveillance; the "dis-invitation" of a growing list of speakers, including many in the mainstream of American politics and values; and the prominent "shouting down" or disruption of speakers deemed inconsistent with progressive ideology. Not to be outdone, external forces on the right are now engaging in social media bullying of speakers and teachers whose views upset them. The essays in this collection, written by prominent philosophers, political scientists, sociologists, and legal scholars, examine the issues at the forefront of the crisis of free speech in higher education. The contributors address the broader historical, cultural, legal, and normative contexts of the current crisis, and take care to analyze the role of "due process" in protecting academic freedom and individuals accused of misconduct. Additionally, the volume is unique in that it advances practical remedies to campus censorship, as the editors and many of the contributors have participated in movements to remedy limitations on free speech and open inquiry. The Value and Limits of Academic Speech will educate academic professionals and informed citizens about the phenomenon of progressive censorship and its implications for higher education and the republic.


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

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

Author: Bychawska-Siniarska, Dominika

Publisher: Council of Europe

Published: 2017-08-04

Total Pages: 124

ISBN-13:

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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 of Expression

Freedom of Expression

Author: Ioanna Tourkochoriti

Publisher: Cambridge University Press

Published: 2021-11-11

Total Pages: 305

ISBN-13: 1316517632

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A comparison of French and American approaches to freedom of expression, with reference to the historical, social and philosophical contexts.


Limits of Tolerance

Limits of Tolerance

Author: Sebastian Brett

Publisher: Human Rights Watch

Published: 1998

Total Pages: 210

ISBN-13: 9781564321923

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History and Legal Norms


The Hateful and the Obscene

The Hateful and the Obscene

Author: Leonard W. Sumner

Publisher: University of Toronto Press

Published: 2004-11-06

Total Pages: 292

ISBN-13: 1442631554

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In a series of landmark decisions since 1990, Canadian courts have shaped a distinctive approach to the regulation of obscenity, hate literature, and child pornography. Missing from the debate, however, has been any attempt to determine whether the legal status quo can be justified by reference to a framework of moral/political principles. The Hateful and the Obscene is intended to fill that gap. L.W. Sumner brings philosophical depth and theoretical rigour to some of the most important and difficult questions concerning free expression. Building on a framework set out by J.S. Mill – that a legal restriction of expression is justified only when the expression in question is harmful to others and when the benefits of the restriction will exceed its costs – Sumner shows how the Canadian courts have replicated Mill's framework in their interpretation of the Canadian Charter of Rights and Freedoms. The Hateful and the Obscene is a compelling interpretation of freedom of expression that combines serious philosophical thought with a focus on Canadian law, thus maintaining the breadth to deal with both obscenity and hate literature.