Restricting Freedoms
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Author | : Andrew Clapham |
Publisher | : Oxford University Press, USA |
Total Pages | : 217 |
Release | : 2015 |
Genre | : 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 | : Eric Beasley |
Publisher | : Routledge |
Total Pages | : 239 |
Release | : 2017-07-28 |
Genre | : Political Science |
ISBN | : 1351493175 |
Today, freedom is so closely associated with the United States that most people still view America as the ultimate symbol of freedom. This is one reason why the desire to immigrate to the United States from almost anywhere in the world has not waned for more than a century. Because of this image, the idea that Americans are constrained by restrictive ordinances and rules seems contrary and therefore difficult for most citizens to accept.Vladimir Shlapentokh and Eric Beasley argue that the idea of basing American society upon unadulterated freedom in all spheres of life is both unrealistic and simplistic. The authors define freedom as the ability to choose one of many available alternatives. They note that this concept of freedom sometimes leads to a paradox: occasionally, freedoms are expanded through the creation of additional restrictions because the restrictions provide people with more alternatives. Thus, being free or restricted is not an all or nothing proposition, but rather a question of degrees.Many works discuss restrictions in relation to a particular area of life, but none of them explore the magnitude of how limitations shape people's everyday lives. Restricting Freedoms is unique in that the authors provide case studies that illustrate a wide variety of social contexts in relation to religious activity, noise-making, and sexual activities, among others. This overview of the role of restrictions in American life will be of interest to all American readers.
Author | : American Library Association |
Publisher | : |
Total Pages | : 16 |
Release | : 1953 |
Genre | : Libraries |
ISBN | : |
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 | : Gabriel Rubin |
Publisher | : Lexington Books |
Total Pages | : 260 |
Release | : 2011-05-19 |
Genre | : Political Science |
ISBN | : 0739164554 |
This book forwards the debate on how to respond to terror attacks. It compares legislative responses to terrorism in the United States, United Kingdom, and Israel finding that government centralization and abridgement of rights are common, but that the story is much more nuanced and complicated than at first meets the eye. Not all terror attacks lead to new legislation, many lead to muted responses.
Author | : Catherine J. Ross |
Publisher | : Harvard University Press |
Total Pages | : 489 |
Release | : 2015-10-19 |
Genre | : Law |
ISBN | : 0674915771 |
American public schools often censor controversial student speech that the Constitution protects. Lessons in Censorship brings clarity to a bewildering array of court rulings that define the speech rights of young citizens in the school setting. Catherine J. Ross examines disputes that have erupted in our schools and courts over the civil rights movement, war and peace, rights for LGBTs, abortion, immigration, evangelical proselytizing, and the Confederate flag. She argues that the failure of schools to respect civil liberties betrays their educational mission and threatens democracy. From the 1940s through the Warren years, the Supreme Court celebrated free expression and emphasized the role of schools in cultivating liberty. But the Burger, Rehnquist, and Roberts courts retreated from that vision, curtailing certain categories of student speech in the name of order and authority. Drawing on hundreds of lower court decisions, Ross shows how some judges either misunderstand the law or decline to rein in censorship that is clearly unconstitutional, and she powerfully demonstrates the continuing vitality of the Supreme Court’s initial affirmation of students’ expressive rights. Placing these battles in their social and historical context, Ross introduces us to the young protesters, journalists, and artists at the center of these stories. Lessons in Censorship highlights the troubling and growing tendency of schools to clamp down on off-campus speech such as texting and sexting and reveals how well-intentioned measures to counter verbal bullying and hate speech may impinge on free speech. Throughout, Ross proposes ways to protect free expression without disrupting education.
Author | : Ellis Cose |
Publisher | : HarperCollins |
Total Pages | : 167 |
Release | : 2020-09-15 |
Genre | : Political Science |
ISBN | : 0062999737 |
Named one of Newsweek’s "25 Must-Read Fall Fiction and Nonfiction Books to Escape the Chaos of 2020" The critically acclaimed journalist and bestselling author of The Rage of a Privileged Class explores one of the most essential rights in America—free speech—and reveals how it is crumbling under the combined weight of polarization, technology, money and systematized lying in this concise yet powerful and timely book. Free speech has long been one of American's most revered freedoms. Yet now, more than ever, free speech is reshaping America’s social and political landscape even as it is coming under attack. Bestselling author and critically acclaimed journalist Ellis Cose wades into the debate to reveal how this Constitutional right has been coopted by the wealthy and politically corrupt. It is no coincidence that historically huge disparities in income have occurred at times when moneyed interests increasingly control political dialogue. Over the past four years, Donald Trump’s accusations of “fake news,” the free use of negative language against minority groups, “cancel culture,” and blatant xenophobia have caused Americans to question how far First Amendment protections can—and should—go. Cose offers an eye-opening wholly original examination of the state of free speech in America today, litigating ideas that touch on every American’s life. Social media meant to bring us closer, has become a widespread disseminator of false information keeping people of differing opinions and political parties at odds. The nation—and world—watches in shock as white nationalism rises, race and gender-based violence spreads, and voter suppression widens. The problem, Cose makes clear, is that ordinary individuals have virtually no voice at all. He looks at the danger of hyper-partisanship and how the discriminatory structures that determine representation in the Senate and the electoral college threaten the very concept of democracy. He argues that the safeguards built into the Constitution to protect free speech and democracy have instead become instruments of suppression by an unfairly empowered political minority. But we can take our rights back, he reminds us. Analyzing the experiences of other countries, weaving landmark court cases together with a critical look at contemporary applications, and invoking the lessons of history, including the Great Migration, Cose sheds much-needed light on this cornerstone of American culture and offers a clarion call for activism and change.
Author | : Richard Sobel |
Publisher | : Cambridge University Press |
Total Pages | : 245 |
Release | : 2016-10-26 |
Genre | : Law |
ISBN | : 1107128293 |
Citizenship as Foundation of Rights explains what it means to have citizen rights and how national identification requirements undermine them.
Author | : Adam Chilton |
Publisher | : Oxford University Press, USA |
Total Pages | : 397 |
Release | : 2020 |
Genre | : Law |
ISBN | : 0190871458 |
Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.
Author | : Avichai Levit |
Publisher | : Routledge |
Total Pages | : 0 |
Release | : 2022-05 |
Genre | : Deliberative democracy |
ISBN | : 9780367607982 |
In this book Avichai Levit uses the United States as a case study to argue that the degree of democratic legitimacy of laws that restrict freedom of speech during war, depends on the extent of legislature deliberation on such laws.