Freedom of Expression As Self-Restraint

Freedom of Expression As Self-Restraint
Author: Matthew H. Kramer
Publisher:
Total Pages: 369
Release: 2021-03-15
Genre:
ISBN: 0198868650

This book argues for the absolutist position on the freedom of expression, and how this principle is integral for society. This title also explores some of the most common arguments regarding freedom of expression including pornography and banning advocacy of hateful creeds.

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
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.

Free Speech in an Open Society

Free Speech in an Open Society
Author: Rodney A. Smolla
Publisher: Vintage
Total Pages: 448
Release: 2011-01-12
Genre: Political Science
ISBN: 0307773035

This grand tour of First Amendment law underlines the intimate connection between free expression and democratic values as it leads us through the most treacherous and emotionally charged cases in American jurisprudence. “Intellectually venturesome. . . .”—The New York Times Book Review

Advanced Introduction to Freedom of Expression

Advanced Introduction to Freedom of Expression
Author: Mark Tushnet
Publisher: Edward Elgar Publishing
Total Pages: 179
Release: 2018-09-28
Genre: Law
ISBN: 1786437163

The Advanced Introduction to Freedom of Expression provides an overview of major issues in the doctrinal structure of a law of freedom of expression, relevant to discussions of freedom of expression under many national constitutions. Assuming familiarity with basic theories of free expression, this book addresses the implications of reasonable disagreement between legislatures and courts about whether a specific measure violates freedom of expression, the implications of the fundamental proposition that speech can cause harm, the distinction between the coverage of freedom of expression and the protections it affords, and the appropriate doctrinal forms when speech is said to conflict with other rights such as equality, or merely other social interests. The book will be of interest to anyone, including students, teachers, researchers and policymakers wanting to learn more about the freedom of expression and the law.

The Power of Free Expression in America

The Power of Free Expression in America
Author: Frank Harris
Publisher: Cognella Academic Publishing
Total Pages:
Release: 2015-12-31
Genre:
ISBN: 9781631893346

The Power of Free Expression in America teaches students about the First Amendment, free speech, and the role of the press in a free society. Often called the "foundational freedom," it's essential that the everyday impact of the First Amendment is understood by every American. The text provides an introduction to the five freedoms protected by the First Amendment. It also provides a definition of the news, coverage of journalistic ethics, public trust in the news media, broadcast regulations, the right to a fair trial versus freedom of the press, libel, and invasion of privacy. The Power of Free Expression in America is a comprehensive study beginning with the historic roots of freedom of expression discussed in John Milton's Areopagitica, moving to The Freedom Act, and posting on Twitter or Facebook. It uses news examples and court cases to cover First Amendment history and discuss its impact on events today. The Power of Free Expression in America will work well for courses in journalism, communication, media studies, or any course that explores the First Amendment and press in the United States. It is also for anyone who wishes to better understand the First Amendment and its role.

Media Freedom as a Fundamental Right

Media Freedom as a Fundamental Right
Author: Jan Oster
Publisher: Cambridge University Press
Total Pages: 337
Release: 2015-05-28
Genre: Law
ISBN: 1316300706

Domestic constitutions and courts applying international human rights conventions acknowledge the significance of the mass media for a democratic society, not only by granting special privileges but also by imposing enhanced duties and responsibilities to journalists and media companies. However, the challenges of media convergence, media ownership concentration and the internet have led to legal uncertainty. Should media privileges be maintained, and, if so, how is 'the media' to be defined? To what extent does media freedom as a legal concept also encompass bloggers who have not undertaken journalistic education? And how can a legal distinction be drawn between investigative journalism on the one hand and reporting on purely private matters on the other? To answer these questions, Jan Oster combines doctrinal and conceptual comparative analysis with descriptive and normative theory, and argues in favour of a media freedom principle based on the significance of the media for public discourse.

Freedom of Expression in the Supreme Court

Freedom of Expression in the Supreme Court
Author: Terry Eastland
Publisher: Rowman & Littlefield
Total Pages: 438
Release: 2000
Genre: Language Arts & Disciplines
ISBN: 9780847697113

In Freedom of Expression in the Supreme Court, Terry Eastland brings together the Court's leading First Amendment cases, some 60 in all, starting with Schenck v. United States (1919) and ending with Reno v. American Civil Liberties Union (1998). Complete with a comprehensive introduction, pertinent indices and a useful bibliography, Freedom of Expression in the Supreme Court offers the general and specialized reader alike a thorough treatment of the Court's understanding on the First Amendment's speech, press, assembly, and petition clauses.

Freedom of Expression in the Marketplace of Ideas

Freedom of Expression in the Marketplace of Ideas
Author: Douglas M. Fraleigh
Publisher: SAGE
Total Pages: 473
Release: 2010-05-19
Genre: Law
ISBN: 1452236909

A comprehensive guide to effective participation in the public debate about our most indispensable right: freedom of expression Encouraging readers to think critically about freedom of speech and expression and the diverse critical perspectives that challenge the existing state of the law, this text provides a comprehensive analysis of the historical and legal contexts of the First Amendment, from its early foundations all the way to censorship on the Internet. Throughout the book, authors Douglas M. Fraleigh and Joseph S. Tuman use the "Marketplace of Ideas" metaphor to help readers visualize a world where the exchange of ideas is relatively unrestrained and self-monitored. The text provides students with the opportunity to read significant excerpts of landmark decisions and to think critically about the issues and controversies raised in these cases. Students will appreciate the treatment of contemporary issues, including free speech in a post-9/11 world, free expression in cyberspace, and First Amendment rights on college campuses. Features: Demystifies free speech law, encouraging readers to grapple with the complexities of significant ethical and legal issues Sparks student interest in "big picture" issues while simultaneously covering important foundational material, including incitement, fighting words, true threats, obscenity, indecency, child pornography, hate speech, time place and manner restrictions, symbolic expression, restrictions on the Internet, and terrorism. Includes significant excerpts from landmark freedom of expression cases, including concurring or dissenting opinions where applicable, to help students become active learners of free expression rights Offers critical analysis and alternative perspectives on free expression doctrines to demonstrate that existing doctrine is not necessarily ideal or immutable Includes a global perspective on free expression including a chapter on international and comparative perspectives that helps students see how the values of different cultures influence judicial decisions