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Journal articles on the topic 'Freedom of expression'

Author: Grafiati

Published: 4 June 2021

Last updated: 31 August 2024

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1

Suryavanshi, Surbhi. "Article 19A Freedom of Speech and Expression." International Journal of Trend in Scientific Research and Development Volume-2, Issue-5 (August 31, 2018): 1430–33. http://dx.doi.org/10.31142/ijtsrd17131.

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2

Arribas, Santiago Cañamares. "Religious Freedom and Freedom of Expression in Spain." Religion and Human Rights 9, no. 2-3 (August 1, 2014): 209–25. http://dx.doi.org/10.1163/18710328-12341268.

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This article deals with the conflicts produced in the Spanish legal system between the exercise of religious freedom and freedom of expression, focusing on those cases in which certain expressions have been considered offensive to religious feelings and on those where the religious discourse has been considered contrary to public order. The Spanish case-law shows the difficulties in protecting the religious feelings by means of criminal law.

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3

Morgan, Sir Declan. "Freedom of Expression." Northern Ireland Legal Quarterly 73, no. 1 (May 12, 2022): 162–74. http://dx.doi.org/10.53386/nilq.v73iad1.995.

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4

McCormick, Douglas. "Freedom of Expression?" BioTechniques 43, no. 3 (September 2007): 251. http://dx.doi.org/10.2144/000112539.

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5

Human Rights Law in Africa, Editors. "FREEDOM OF EXPRESSION." Human Rights Law in Africa Online 1, no. 1 (2004): 603. http://dx.doi.org/10.1163/221160604x00350.

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6

Canela, Guilherme. "Freedom of Expression." Brazilian Journalism Research 3, no. 1 (June 30, 2007): 55–80. http://dx.doi.org/10.25200/bjr.v3n1.2007.102.

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7

Verghese, B. G. "Freedom of Expression." Media Asia 23, no. 3 (January 1996): 138–45. http://dx.doi.org/10.1080/01296612.1996.11726503.

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8

Toula, Christopher M. "Freedom of Expression." Southern Communication Journal 85, no. 3 (February 23, 2020): 203–4. http://dx.doi.org/10.1080/1041794x.2020.1731846.

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9

Riddihough, G., B. A. Purnell, and J. Travis. "Freedom of Expression." Science 319, no. 5871 (March 28, 2008): 1781. http://dx.doi.org/10.1126/science.319.5871.1781.

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10

Sutherland, Sue. "Freedom of expression." Practical Pre-School 2011, no. 123 (April 2011): ix—x. http://dx.doi.org/10.12968/prps.2011.1.123.ix.

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11

Sorabjee, Soli K. "Freedom of expression." Commonwealth Law Bulletin 19, no. 4 (October 1993): 1712–21. http://dx.doi.org/10.1080/03050718.1993.9986320.

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12

Lester of Herne Hill. "Freedom of expression." Commonwealth Law Bulletin 19, no. 4 (October 1993): 1722–42. http://dx.doi.org/10.1080/03050718.1993.9986321.

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13

ARNALDO, CARLOS A., JANUSZ SYMONIDES, ALAIN MODOUX, PHILIP QUEAU, ISKRA PANEVSKA, and JOHN BENNETT. "Freedom of expression." Journal of International Communication 5, no. 1-2 (December 1998): 25–53. http://dx.doi.org/10.1080/13216597.1998.9751863.

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14

Hodge, Pam. "Freedom of expression." Lancet Psychiatry 1, no. 3 (August 2014): 183–84. http://dx.doi.org/10.1016/s2215-0366(14)70327-x.

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15

Saxby, S. "Freedom of expression." Computer Law & Security Review 21, no. 6 (January 2005): 514. http://dx.doi.org/10.1016/j.clsr.2005.04.003.

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16

Kuznetsov, Dmitry. "Freedoms Collide: Freedom of Expression and Freedom of Religion in Russia in Comparative Perspective." Russian Law Journal 2, no. 2 (February 17, 2015): 75. http://dx.doi.org/10.17589/2309-8678-2014-2-2-75-100.

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17

Sobczak, Jacek. "Obraza uczuć religijnych a wolność sztuki i ekspresji artystycznej." Themis Polska Nova 8, no. 1 (2015): 87–111. http://dx.doi.org/10.15804/tpn2015.1.05.

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The offense against religious feelings expressed in the text of Art. 196 of PC is strongly embedded in the constitutional liberties and freedoms and human rights of both the Council of Europe and the European Union. Freedom of conscience and religion, which originated in the wording of Art. 196 of PC remains in antinomy to other constitutional values protected by both international acts such as freedom of expression, freedom of artistic expression, the freedom to teach and freedom to enjoy cultural heritage. This requires balancing the content of these freedoms. At present stage there is yet no way to resolve the alleged doctrine of countertype of art.

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18

Restrepo, Ricardo. "Democratic Freedom of Expression." Open Journal of Philosophy 03, no. 03 (2013): 380–90. http://dx.doi.org/10.4236/ojpp.2013.33058.

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19

Dimbleby, Jonathan. "On freedom of expression." Index on Censorship 42, no. 3 (September 2013): 142–44. http://dx.doi.org/10.1177/0306422013500179.

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20

Chasi, Colin. "Ubuntuand Freedom of Expression." Ethics & Behavior 24, no. 6 (July 29, 2014): 495–509. http://dx.doi.org/10.1080/10508422.2014.894913.

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21

Graham, Loren. "Novel freedom of expression." Nature 321, no. 6067 (May 1986): 205–6. http://dx.doi.org/10.1038/321205a0.

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22

Allal, Tewfik, and Association du Manifeste des Libert. "For Freedom of Expression." Dissent 53, no. 2 (2006): 42–43. http://dx.doi.org/10.1353/dss.2006.0096.

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23

Tännsjö, Torbjörn. "Against Freedom of Expression." Political Studies 33, no. 4 (December 1985): 547–59. http://dx.doi.org/10.1111/j.1467-9248.1985.tb01580.x.

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24

Mokhonchuk, Bohdan, and Pavlo Romaniuk. "Towards a Legal Framework That Protects Freedom of Expression in Electoral Processes." Baltic Journal of European Studies 9, no. 3 (September 1, 2019): 43–62. http://dx.doi.org/10.1515/bjes-2019-0021.

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AbstractIn democratic countries, attention is devoted to the issue of freedom of speech and freedom of expression and the role of public authorities during elections. Today, freedom of speech and freedom of expression are guaranteed at both the international and national levels. The international community has created a significant number of international agreements and acts of “soft law” on standards of freedom of expression. In particular, the Code of Good Practice in Electoral Matters establishes as the first general condition for democratic elections the respect for fundamental human rights, and particularly freedom of expression, assembly and association, without which there can be no true democracy. On the one hand, the problem of ensuring freedom of expression during elections is caused by the wider limits of permissible criticism of candidates and the importance of coverage of the election process. On the other hand, it is caused by restrictions on the conduct of election campaigning and the necessity to provide equal access to the media for the subjects of the electoral process. In this context, it is important to find a balance between the right to free elections, freedom of speech and other rights, freedoms and interests of the subjects of the electoral process. This article researches the modern problems of national legal guarantee of the freedom of speech and the freedom of expression and international electoral standards on the protection of freedom of speech and freedom of expression in the electoral process.

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25

Erdem, Bora. "The Elements of Freedom of Expression in the Light of the European Convention on Human Rights." European Journal of Interdisciplinary Studies 4, no. 2 (July 24, 2018): 181. http://dx.doi.org/10.26417/ejis.v4i2.p181-187.

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Freedom of expression is composed of certain connective elements that are inseparable from each other. If any one of the fundamental elements that by itself has no value and meaning is missing or if it is materially limited, it may negatively impact the whole of freedom of expression. Furthermore, freedom of expression is the foundation of other freedoms. Freedom of expression consists of three components. These components cannot be thought of separately from each other. The initial steps of the first component require the freedom to examine, research, learn and obtain information for an individual to establish an opinion. The second component of freedom of expression is the freedom of opinion, which is the pure thought step where choices with respect to formed, obtained but not yet stated thoughts, opinions and beliefs are established. The basis of this notion relies on an individual being able to be forming an opinion without an enforcement to state it. The third and the final component is the declaration and dissemination of thought and opinion via all means of expression to the world. If an individual’s ability to declare and defend his/her ideas in infringed, it is not possible to talk about the existence of freedom of expression. Consequently, all three of these steps are crucial to maintain the foundation of freedom of expression.

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الميداني, محمد أمين, and هەلاله محمدأمين. "The Legal Framework for Protecting Freedom of Opinion and Expression (The Case of Iraq as a Model)." Journal for Political and Security Studies 4, no. 7 (June 1, 2021): 107–44. http://dx.doi.org/10.31271/jopss.10048.

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Despite the existence of international and regional instruments, and national legislation, devoted to organizing and protecting freedom of opinion and expression, they witness many violations and restrictions on their practice. This is after internal developments in many countries revealed the deterioration of political, economic, social and cultural conditions, which constitutes a major topic for studies in both international human rights law and national law, in order to address these violations and set rules and controls that guarantee the preservation of freedom of opinion and expression within its legitimate framework, without exceeding it to harm others or society. Iraq constitutes a prominent case for study in this regard, with regard to the protection of freedom of opinion and expression in Iraq since the establishment of the Iraqi state until today, as the paradigm shift that the Iraqi political system has witnessed since 2003 has contributed to the consecration of many rights and freedoms, including freedom of opinion and expression, which is the starting point for the rest of the freedoms and one of the mainstays of building an edifice Democracy. For the purpose of studying this topic, it has been distributed on two axes: The first axis deals with the concept of freedom of opinion and expression and its protection at the international and regional levels. The second axis is devoted to freedom of opinion and expression in Iraqi legislation.

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27

Mijović, Ljiljana. "Internet and freedom of expression in the case law of the European Court of Human Rights." Zbornik radova Pravnog fakulteta, Novi Sad 54, no. 3 (2020): 1023–42. http://dx.doi.org/10.5937/zrpfns54-24432.

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Internet as a means of communication, whatever the type of information it might be used for, falls within the exercise of the right to freedom of expression, as guaranteed by Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. As established in the European Court's case law, freedom of expression constitutes one of the essentials of a democratic society, therefore limitations on that freedom foreseen in Article 10 § 2 of the Convention are to be interpreted strictly. In order to ensure effective protection of one's freedom of expression on the Internet, States bear a positive obligation to create an appropriate regulatory framework, balancing the right to freedom of expression on one and the limitations prescribed in Article 10 § 2, on the other hand. Special attention in doing so is to be paid to the risk of harm posed by content and communications on the Internet to the exercise and enjoyment of other human rights and freedoms guaranteed by the European Convention, particularly the right to respect for private life. While it is the fact that the electronic network, serving billions of users worldwide, will never be subject to the same regulations and control, because of the national authorities' margin of appreciation, the European Court established commonly applicable general principles regarding the Internet as a media of exercising right to freedom of expression.

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28

Seongho Jang. "Expression Freedom and Anonymity Expression on Internet." Locality and Globality: Korean Journal of Social Sciences 37, no. 3 (December 2013): 1–28. http://dx.doi.org/10.33071/ssricb.37.3.201312.1.

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29

Gera, Anton. "The right to freedom of expression and its limitations according to Albanian legislation." Academic Journal of Business, Administration, Law and Social Sciences 10, no. 1 (March 1, 2024): 42–50. http://dx.doi.org/10.2478/ajbals-2024-0005.

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Abstract The right to freedom of expression, not without purpose provided for in the first amendment of the Constitution of the United States of America, is one of the main basic rights on which modern democratic states were founded. The enjoyment of this freedom is closely related to a series of other equally basic rights, such as freedom of belief, freedom of organization, the right not to be harassed for personal opinions, the freedom to be attached to a certain political party, etc (Salvatore, 2019). The right to freedom of expression is one of the oldest freedoms that arose as a result of freedom of religion, mentioned by the first Christian writers during the II-III century, and then during the conflicts between Catholics and Protestants in the centuries XVI-XVII. On the other hand, it was encouraged and elaborated by the great theorists of the freedom of scientific research (just think of Descartes and Galileo) and of political freedom (such as Milton). Later, the right of Freedom of Expression was elaborated by philosophers of the XVIII-XIX centuries such as Voltaire, Fichte, Benthan. In this sense, John Stuart Mill said that freedom of expression protects us from corrupt power, tyranny, and this freedom is one of the basic guarantees for an open and pluralistic society (Mihajllova, Bacovaska and Shekerxhiev, 2013). Since the circulation of ideas is a prerequisite for the communication of thought, the freedom of expression or manifestation of thought has always been considered by Italian constitutional jurisprudence as the cornerstone of the democratic system (Bin and Pitruzzella, 2012). Main objective of this manuscript is the analysis of the Albanian legislation and jurisprudence about the freedom of expression.

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30

Petersen, Marie Juul. "Freedom of Religion or Belief and Freedom of Expression." Review of Faith & International Affairs 20, no. 2 (April 3, 2022): 40–48. http://dx.doi.org/10.1080/15570274.2022.2065806.

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31

Lipman, Maria. "Russia’s Media: Freedom of expression, but no press freedom." Datenschutz und Datensicherheit - DuD 34, no. 8 (August 2010): 529–34. http://dx.doi.org/10.1007/s11623-010-0184-2.

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32

Worthley, L. I. G. "Freedom of expression and editorial freedom – an open letter." Critical Care and Resuscitation 1, no. 1 (March 1999): 113. http://dx.doi.org/10.1016/s1441-2772(23)00643-9.

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33

Wiczanowska, Hanna. "Oddziaływanie doktryny marginesu uznania na rozstrzyganie konfliktu pomiędzy wolnością wypowiedzi a wolnością sumienia i wyznania w praktyce orzeczniczej Europejskiego Trybunału Praw Człowieka." Przegląd Europejski, no. 2-2020 (June 8, 2020): 83–98. http://dx.doi.org/10.31338/1641-2478pe.2.20.6.

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The aim of the paper hereto is to conduct analysis regarding the influence of the margin of appreciation doctrine on the solution of the collision between the freedom of expression and the freedom of religion within the Strasbourg system of human rights protection. The main research question focuses on the issue whether the margin of discretion equally affects both considered freedoms and how it impacts their conflict. The paper will rely on dogmatic analysis of the provisions of the European Convention on Human Rights and selected judgments of the European Court of Human Rights in relation to the collision of the aforesaid freedoms. In this article, the author will also implement the historic method. The main thesis of the article is the primacy of the freedom of religion which causes illegitimate limitation of the freedom of expression due to lack of uniform European consensus regarding the qualification of the blasphemous speeches which constitutes a threat for legal certainty.

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34

Shcherbyna, V. "Freedom of expressıon ın the context of regulatory provısıons and case law used by the European Court of Human Rıghts." Analytical and Comparative Jurisprudence, no. 5 (December 30, 2022): 462–65. http://dx.doi.org/10.24144/2788-6018.2022.05.85.

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The article examines the features ensuring the right to freedom of expression and opinion under national law. The importance of these freedoms is emphasized in view of their enshrinement in international regulatory documents. It was mentioned that the importance of the right to freedom of expression is also emphasized by the fact that these rights are enshrined in legal documents of international level. The author gave attention to such international documents as the International Covenant on Civil and Political Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and the Universal Declaration of Human Rights. The author made a detailed analysis of the Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. It was noted that Article 10 of the Convention can be structured into two parts. The author stated that the first part is the right to freedom and expression of views, the second is a comprehensive list of legal limitations of the investigated law. The concept of right to freedom to follow ones views, to receive information and to impart information were defined in details. Attention was paid to how the right to freedom of expression is enshrined in the national legislation of Ukraine, espessially in the Constitution of Ukraine, the Law of Ukraine “On Information” and the Law of Ukraine “On Printed Mass Media (Press) in Ukraine”. Several landmark decsssons of the European Court of Human Rights were given, for instanse, Nagla versus Latvia and Sunday Times versus United Kingdom (no. 1). Eventually, the author concluded that it is important to establish certain guarantees of the right to freedom of opinion and expression that is, the consolidation of certain conditions

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35

Idrisov, H. V. "Freedom of thought, speech and expression: some problems of formulation and determining boundaries in relation to the impact of a religious factor." Law Enforcement Review 6, no. 1 (March 23, 2022): 33–49. http://dx.doi.org/10.52468/2542-1514.2022.6(1).33-49.

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The subject of study. The article examines certain aspects to realize freedom of thought and expression, as well as the acceptable limits. Freedom of thought, speech and expression issues are considered separately in the context of the religious component, its characteristics in the Islamic religion. The provisions of the main sources in the Muslim system of law – the Holy Quran and the Sunnah of the Prophet and Messenger of Muhammad (May Allah bless him) have been studied in sufficient details. The legal analysis on the issues under consideration was carried out based on doctrinal opinions, the current Russian and international legal acts, judicial practice, including the practice of the European Court of Human Rights. The article describes extremism through the prism of freedom of thought, speech and expression. It is noted that extremist activity is one of the consequences of misinterpretation, true awareness and perception of freedom of thought, speech and expression.The purpose of the study. The main purpose of the study is to clarify the origins of conflicts in the process of realizing freedom of thought, speech and expression, and substantiate the hypothesis that freedom of thought, speech and expression should have certain boundaries, especially in context of the influence of the religious factor.The methodology of the study. The study is based on a dialectical approach to the disclosure of legal phenomena and processes using general scientific methods (systemic method, logical method, method of analysis and synthesis) and special scientific methods. Among the latter there are formal legal method, linguistic method, comparative legal method, which have found their application in the legal analysis to realize freedom of thought, speech and expression.Conclusions. As a result, it is emphasized that freedom of thought, speech and expression is the achievement of modern mankind, one of the foundations of a democratic system and an element of civil society. The state-guaranteed opportunity for individuals to exercise these freedoms in society is a guarantee of a "healthy" society in the legal sense. However, as practice shows, unlimited freedom leads to its abuse, thereby infringing on the freedoms of other individuals and therefore, freedom of speech and its expression presupposes the existence of boundaries outlined by the state in the interests of society. The specifics of freedom of thought, speech and expression in the Muslim system of law based on the Holy Quran and the Sunnah of the Prophet (May Allah bless him), is that this freedom ends where the border line begins, designated by the law of the Most High.

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36

Hardina, Andhika Febi. "FENOMENA KEBEBASAN BEREKSPRESI DI INSTAGRAM." NIVEDANA : Jurnal Komunikasi dan Bahasa 2, no. 1 (August 10, 2021): 24–30. http://dx.doi.org/10.53565/nivedana.v2i1.267.

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ABSTRACT Instagram is one of the platforms that is widely used by the public for freedom of expression. However, the term freedom itself gets a lot of perceptions so that many issues are against ethics and norms. Some elements cover themselves in a word "freedom". In this paper, the author wants to explain about freedom of expression, the limits of freedom, and how the phenomena relating to freedom of expression. The author concludes that the freedom of expression that crosses the boundaries of ethics and norms, seems to make a feeling of losing control in expressing his feelings and thoughts. Each individual should have full rights and obligations to use social media intelligently and with full responsibility.

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37

이광진. "Spam and Freedom of Expression." Korean Lawyers Association Journal 57, no. 1 (January 2008): 212–43. http://dx.doi.org/10.17007/klaj.2008.57.1.005.

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38

Kulesza, Joanna. "Freedom of Expression On-Line." International Journal of E-Politics 5, no. 4 (October 2014): 52–65. http://dx.doi.org/10.4018/ijep.2014100103.

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This article analyses the contents of the universal right to free expression in the context of its applicability on-line. It starts off with a brief recapitulation of the origin, definition and interpretation of the right to free expression, derived from article 19 UDHR. It then goes on to name the three composite rights (the right to hold, impart and receive information and ideas) and details the limitations that may be put by states upon the individual exercise of those freedoms. States' duty to protect free expression is than identified as their negative obligation to refrain from infringement as well as a positive one, to guarantee that human rights are “protected, respected and remedied” within national legal systems. Then the role of Internet Service Providers is introduced as the gate keepers of free expression in the information society. Different schemes for national ISP liability mechanisms are presented: the notice-and-take down procedure as well as Internet content filtering (preventive censorship). The paper goes on to criticize both mechanisms as enabling ISPs too much freedom in deciding upon the shape and scope of individuals' right to impart and receive information.

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39

Vero, Peter. "Media and Freedom of Expression." IOSR Journal of Humanities and Social Science 2, no. 1 (2012): 28–31. http://dx.doi.org/10.9790/0837-0212831.

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40

Shiner, Roger A., and C. Edwin Baker. "Advertising and Freedom of Expression." University of Toronto Law Journal 45, no. 2 (1995): 179. http://dx.doi.org/10.2307/825883.

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41

Haley, John O., and Lawrence Ward Beer. "Freedom of Expression in Japan." Journal of Japanese Studies 13, no. 1 (1987): 207. http://dx.doi.org/10.2307/132602.

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42

Djajić, Sanja, and Dubravka Lazić. "Artistic expression: freedom or curse?" Age of Human Rights Journal, no. 17 (December 17, 2021): 97–124. http://dx.doi.org/10.17561/tahrj.v17.6269.

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The purpose of this contribution is to evaluate the jurisprudence of the European Court of Human Rights (ECtHR) in freedom of artistic expression cases dealing with visual and performance arts. The reasons for this particular evaluation are salient to the fact that the ECtHR has consistently provided a lesser level of protection to artistic expression than to political expression. The aim of this article is to challenge the approach of the Court to the freedom of artistic expression in relation to visual and performance arts. The critical evaluation is based on two different but complementary grounds: contemporary theory of art critique of the ECtHR’s understanding of art and critique based on the ECtHR’s own political freedom of expression cases. The argument of the authors is that the ECtHR approach to visual and performance arts as an exercise in ethics and aesthetics is contradicted by contemporary art theory and practice which invariably assumes the societal role of art, its potential subversive and transformative function within a society at large, and, ultimately, its lato sensu political value. In addition, visual and performance arts are powerful yet fragile instruments for delivering the debate to society at large. Viewed from this perspective, artistic expression has the same beneficial effect on a democratic society as political expression stricto sensu. Therefore, the rationales underpinning protection of political expression are essentially the same as those of artistic expression, therefore the ECtHR should extend the same level of legal protection to arts and artists to keep valuable social dialogue alive.

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43

Pitts, Edward I. "Spinoza on Freedom of Expression." Journal of the History of Ideas 47, no. 1 (January 1986): 21. http://dx.doi.org/10.2307/2709593.

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44

Gorrotxategi, Mirem. "Advertising and freedom of expression." Questiones Publicitarias, no. 5 (July 31, 1996): 104. http://dx.doi.org/10.5565/rev/qp.265.

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45

Sturges, Paul. "Comedy as freedom of expression." Journal of Documentation 66, no. 2 (March 9, 2010): 279–93. http://dx.doi.org/10.1108/00220411011023661.

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46

Brennen, Bonnie. "Freedom of Expression: An Introduction." Journal of Communication Inquiry 15, no. 1 (January 1991): 3–5. http://dx.doi.org/10.1177/019685999101500101.

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47

장주영. "Freedom of Expression in 2013." Korean Journal Of Criminology 25, no. 3 (December 2013): 179–204. http://dx.doi.org/10.36999/kjc.2013.25.3.179.

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48

Tarnopolsky, W. S. "Freedom of expression in Canada." Commonwealth Law Bulletin 19, no. 4 (October 1993): 1769–77. http://dx.doi.org/10.1080/03050718.1993.9986324.

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49

Choung, Hye Uk. "Defamation and freedom of expression." Wonkwang University Legal Research Institute 34, no. 3 (September 30, 2018): 431–65. http://dx.doi.org/10.22397/wlri.2018.34.3.43.

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50

Moon, Richard. "BEGGING AND FREEDOM OF EXPRESSION." Constitutional Forum / Forum constitutionnel 11, no. 1 - 4 (July 27, 2011): 2000. http://dx.doi.org/10.21991/c9kt0h.

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