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Littérature scientifique sur le sujet « Freedom of speech – Law and legislation »

Auteur : Grafiati

Publié le 10 mars 2023

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Articles de revues sur le sujet "Freedom of speech – Law and legislation"

Ivanova, Xenia A., et Alexander A. Stepanov. « Restrictions of the freedom of speech in France in the digital technologies era ». Law Enforcement Review 3, n^o 1 (26 avril 2019) : 15–23. http://dx.doi.org/10.24147/2542-1514.2019.3(1).15-23.

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The subject. The article reveals an understanding of the freedom of speech in French law The purpose of the article is to identify the contents of freedom of speech in the French law and to determine the boundaries of its implementation in the Internet as well as to confirm or refute the hypothesis that both the freedom of speech and the definition of the boundaries of that freedom meets the purposes of protection of human rights. The description of methodology. General scientific methods ‐ analysis, synthesis, induction, deduction, comparison ‐ were used. The authors also use the formal legal interpretation of French judicial decisions and content‐analysis of press.The main results and scope of their application. Freedom of speech is one of the foundations of French society, but it has become necessary to revise a number of rules governing freedom of speech and imposing restrictions due to widespread using of Internet in people’s life. So exceptions from freedom of speech are embedded in national legislation, despite the fact that the basis for the legal regulation of freedom of the media in a democratic society is to ensure non‐interference of the state in the content of production and dissemination of information. In some countries exceptions to freedom of speech are expressed primarily in the form of rules aimed at preventing abuses of freedom of the mass media and serving as a basis for sanctions against media editorial boards. The authors also cite actual examples of the realization of the freedom of speech in France, and draw conclusions about the possibilities for the development of this right. The proposed analysis may be used as a basis for improvement national legislation concerning limitations of freedom of speech.Conclusions. Freedom of speech and freedom of the media are not absolute in France. In order to fulfil its function of protecting and guaranteeing rights and freedoms, the state must pay equal attention both to ensuring freedom of speech (including the independence of the press, access to information) and to defining the limits of this freedom in order to prevent its unlawful abuse. Any freedom turns into chaos without proper boundaries.

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Bojanowski, Tomasz. « Wybrane prawnokarne aspekty mowy nienawiści w kontekście standardów ochrony wolności słowa ». Prawo w Działaniu 47 (2021) : 168–86. http://dx.doi.org/10.32041/pwd.4710.

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The article discusses criminal law aspects of hate speech in the context of standards of protection of freedom of speech on the example of the Republic of Poland. The aim of the article is to indicate the need for amendments in Polish criminal law in the field of hate speech in order to adapt the whole legislation to international standards of freedom of speech. The problem of the interaction between hate speech and freedom of speech is a sensitive and politically charged topic. Therefore, it should be examined in an interdisciplinary manner. The article first presents the sociological and social background of hate speech and an attempt to arrive at a universal definition of hate speech. Next, international and national standards of freedom of speech are described. The key point of the article is an analysis of the current criminal legislation on hate speech from the perspective of the standards of speech. In order to adapt the Polish Penal Code, two amendments are proposed concerning Articles 196 and 212 of the Penal Code, which, according to the author, are necessary to ensure proper use of the right of freedom of speech guaranteed by the European Convention on Human and the Polish Constitution.

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Kirilenko, V. P., et G. V. Alekseev. « Problems of Harmonization of European and Russian Legislation on Defamation ». Lex Russica 1, n^o 9 (26 septembre 2019) : 168–82. http://dx.doi.org/10.17803/1729-5920.2019.154.9.168-182.

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Russia’s integration into the global information space largely depends on how effectively fundamental human rights and freedoms will be protected by the current national legislation and the emerging integration law. Harmonization of Russian law with European standards of freedom of speech and protection of intangible rights of individuals and legal entities in terms of liability for defamation statements is a fundamentally important task to maintain the authority of the Russian Federation in the European political arena. The work of international human rights organizations, such as the International Press Institute, demonstrates the problems with ensuring real freedom of speech in the vast majority of European Union countries. The use of criminal sanctions for defamation offences, as well as the use of extremely large administrative fines and civil compensation, in fact, is a pan-European practice of countering not only defamation, but also any abuse of freedom of speech by the media community. Such practices could hypothetically threaten free speech, and they raise understandable concerns among the democratic public about the prospects of state institutions controlling private media. Calls for social and legal experiments in the form of regular attempts to decriminalize libel do not seem constructive. Based on the analysis of the Russian practice of bringing to responsibility for torts in the information space, it is proposed to understand defamation as any illegal dissemination of information with the aim of harming legally protected interests and to make wider use of civil liability measures in punishing such offenses. The authors propose to harmonize the European and Russian legislation on defamation through the development of uniform rules for the production of the forensic linguistic examination of the defamatory materials to substantiate evidence of the unlawful intent of delinquent.

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DI ROSA, ALESSANDRO. « PERFORMATIVE HATE SPEECH ACTS. PERLOCUTIONARY AND ILLOCUTIONARY UNDERSTANDINGS IN INTERNATIONAL HUMAN RIGHTS LAW ». Age of Human Rights Journal, n^o 12 (13 juin 2019) : 105–32. http://dx.doi.org/10.17561/tahrj.n12.6.

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The first part of this work analyses the concept of hate speech and its legal-philosophical foundations linked to freedom of speech, through the use of tools provided by current trends in the theory of performativity. The second part, in turn, aims to suggest two possible perspectives on the translation of these philosophical demands into positive legislation within human rights law: the first one based on a liberal conception of freedom as non-interference and a perlocutionary understanding of performative speech acts; the second one adopting a neo-republican interpretation of freedom as non-domination and an illocutionary understanding of speech acts. Finally, the work aims to critically sift through the application of the theory of performativity to the legal definitions that hate speech has acquired within this context.

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Gaïni, Sigri. « Universities and other Institutions – not Hate Speech Laws – are a threat to Freedom of Political Speech ». Etikk i praksis - Nordic Journal of Applied Ethics, n^o 1 (23 juin 2022) : 5–19. http://dx.doi.org/10.5324/eip.v16i1.4826.

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One of the strongest arguments against hate speech legislation is the so-called Argument from Political Speech. This argument problematizes the restrictions that might be placed on political opinions or political critique when these opinions are expressed in a way which can be interpreted as ‘hateful’ towards minority groups. One of the strongest free speech scholars opposing hate speech legislation is Ronald Dworkin, who stresses that having restrictions on hate speech is, in fact, illegitimate in a liberal democracy. The right to express oneself freely concerning any political decision is, according to Dworkin, a core democratic principle; it is what self-governance – and hence liberal democracies – are built upon. Dworkin and many other free speech scholars based in the United States see hate speech legislation as a threat to expressing oneself freely and critically. I argue that Dworkin and other US-based free speech scholars tend to overlook actual hate speech legislation in countries where such laws have been implemented and have functioned for decades. Furthermore, I argue that the real threat against political speech lies not in hate speech legislation but rather outside of the law, namely, in private institutions such as universities and museums. Restrictions on political speech in various societal circumstances have been on the rise over the last decades – first and foremost in the US. I analyse why these restrictions on political speech are more widespread in the only Western country without laws against hate speech than they are in countries with implemented hate speech laws. Keywords: political speech, hate speech, hate speech legislation, private institu-tions, universities, USA

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Iftikar, Jon S., David Hòa Khoa Nguyn et Tevin Byers. « 6 The Attack on Critical Race Theory and Higher Education : A Legal Analysis of the Impact of State Action on Faculty Free Speech ». Philosophy and Theory in Higher Education 4, n^o 3 (1 janvier 2022) : 105–23. http://dx.doi.org/10.3726/ptihe.032022.0007.

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Abstract: In this article, the authors review proposed and passed state legislation that aim to ban Critical Race Theory and other social justice content from public higher education institutions. Using the law as the theoretical framework and legal analysis as the methodology, the authors examine these state actions, focusing on implications for higher education faculty speech and academic freedom. The authors discuss the history and current state of the law in the areas of free speech and academic freedom, including U.S. Supreme Court and other federal courts of appeal cases on how free speech in scholarship and teaching have been viewed. They also briefly discuss the legislation that states have proposed or passed which ban Critical Race Theory in higher education institutions, and end by discussing the implications such bans have on faculty free speech in scholarship and teaching. Overall, the authors detail the ways that these laws have a chilling and limiting effect on faculty speech, which in turn, have important consequences for students, institutions, and society as well.

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Din, Malik Zia ud, Awais H. Gillani et Gulala Pirzada. « PRIVATE SOCIAL MEDIA COMPANIES, GOVERNMENTS AND GLOBAL POPULATION : CHALLENGES AND PROSPECTS FOR THE IMPLEMENTATION OF HUMAN RIGHTS REGULATIONS ». Pakistan Journal of Social Research 03, n^o 03 (30 septembre 2021) : 544–56. http://dx.doi.org/10.52567/pjsr.v3i3.401.

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Private social media corporations control speech much more stringently than any government, yet their platforms are being exploited to do serious damage to human rights. These media companies are governed mainly by themselves in top secrecy. Human rights' proponents have recommended media businesses should abide by international human rights legislation to address this. ICCPR statutes are the most well-known set of regulations for regulating speech globally. ICCPR Articles 19 and 20 might strengthen rules while allowing for more openness and supervision as a representative of billions of social media users. According to these articles, the legislation must first be construed to establish how (and if) each of its provisions act(s) suits the new aims. The law, for example, stipulates that speech may be limited to protect national security, which is one of only five legitimate justifications for speech restrictions. Governments that follow international law can make judgments based on this, but private media firms cannot because national security is not in their domain. This study analyzes and explains the main significant articles and laws related to human rights for consideration by social media corporations - ICCPR Articles 19 and 20, which cover freedom of speech – right of information to fill in some gaps. Keywords: Social media, Freedom of speech, information, media corporations, Human rights law, ICCPR, Articles 19 and 20.

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Kivistik, Olja, et Marju Luts-Sootak. « Limitation of Freedom of Speech and of the Press by Penal Law in the Final Decades of the Russian Empire ». Juridica International 27 (30 septembre 2018) : 41–52. http://dx.doi.org/10.12697/ji.2018.27.04.

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In the 21st century, it is inappropriate to have to ask whether criticising a political regime or exercising freedom of speech could lead to criminal charges and criminal punishment. In contrast, a hundred years ago the restriction of people’s freedom of speech, especially in relation to political matters, was quite extensive, both in autocratic Russia and elsewhere. The article addresses the legal situation in the Estonian territory of the Russian Empire until 1918, when insubordination to state authority and inciting mutiny were punishable by law. On 17 April 1905, the so-called Freedom Manifesto gave people freedom of speech, and the Fundamental Laws of the Russian Empire entered into force one year later, wherein fundamental rights were enumerated, among them the right to express one’s convictions, both orally and in writing. At the same time, however, restrictions continued to apply to the fundamental rights declared, which at times were very strict in the tsarist state and rendered the space for exercise of those rights extremely narrow. The article provides an overview of the penal legislation that was applicable within the Estonian territory at the dawn of the 20th century, which set boundaries to freedom of speech and of the press. Considered separately is the case law of the Tallinn Circuit Court pertaining to charges of instigation of mutiny, with the aim of showing how these provisions were applied in judicial practice and the context in which the state restricted people’s fundamental rights. In the Tallinn Circuit Court, it was primarily newspaper editors who were charged with incitement to mutiny, because they allowed the publishing of various calls to action in relation to workers’ movement propaganda and demands for better conditions and rights for workers. At the beginning of the 20th century, class warfare was considered a crime against the state, and the case law demonstrates how the constitutional freedoms of speech and the press were restricted via strict penal-law measures.

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Smirnova, M. S. « Anti-Extremist Legislation in the System of Protection of Constitutional Human Rights : The Problem of Integration ». Juridical science and practice 17, n^o 1 (24 mai 2021) : 39–44. http://dx.doi.org/10.25205/2542-0410-2021-17-1-39-44.

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The article examines the problems associated with the integration of legislation on countering extremism in the system of human rights protection in Russia. The process of formation of the modern paradigm of the development of anti-extremist legislation is investigated. The established restrictions on some constitutional rights and freedoms of man and citizen are due to the adoption of the necessary measures to counter extremist activities by the state. First of all, this concerns such freedoms as freedom of speech, association, religion, and the activities of the media. The activities of law enforcement agencies aimed at countering extremism, in a number of cases, go beyond the framework of constitutional norms, and itself turns into a source of human rights violations.

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Newman, Christopher J. « Allowing Free Speech and Prohibiting Persecution—A Contemporary Sophie's Choice ». Journal of Criminal Law 70, n^o 4 (août 2006) : 329–50. http://dx.doi.org/10.1350/jcla.70.4.329.

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This article considers the approach of three distinct common law jurisdictions to the problems faced by courts when an individual's right to freedom of expression is invoked as a defence to a low-level public order offence. The contrasting approach of courts in England, Australia and the USA will be examined in order to ascertain whether there is a simple balancing act to be made on a case-by-case basis or whether an optimal model of public order legislation can be established to provide some certainty when rights to freedom of expression collide with the wider rights of the community.

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Thèses sur le sujet "Freedom of speech – Law and legislation"

Ndawana, Duduzile. « The role of the judiciary in protecting the right to freedom of expression in difficult political environments : a case study of Zimbabwe ». Thesis, University of Fort Hare, 2008. http://hdl.handle.net/10353/99.

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The right to freedom of expression is with no doubt one of the most important rights in all democratic societies. The southern African sub-region is however lacking when it comes to the protection of this right. There are either highly repressive laws which result in the right being practiced but to a limited extent. In other cases the media is owned by the elite in society which results in the majority not being represented in the independent media and at the same time, the public media is often abused by the governing elite. The scene is therefore that both the public media and private media are representative of the elite. The research seeks to explore the protection of human rights, particularly the right to freedom of expression in politically volatile environments. The research focuses on Zimbabwe but comparative analysis has also been drawn with other jurisdictions moreso South Africa. It is important to note that Zimbabwe has ratified both the International Covenant on Civil Political Rights and the African Charter on Human and Peoples’ rights both of which protect the right to freedom of expression. It is however not enough that states ratify international and regional instruments without domesticating the instruments at the national level. The domestication of the international and regional instruments is meant to ensure that individuals enjoy these rights. Freedom of expression is highly volatile in Zimbabwe. The legislature has been accused of taking away the right which has been granted to citizens by the Constitution through its highly repressive laws. The Access to Information and Protection of Privacy Act (AIPPA), the Public Order and Security Act (POSA), and the Official Secrets Act are some of the laws which have been put under spotlight in Zimbabwe. There is therefore a conflict between the legislature, the press and individuals in Zimbabwe. In Zimbabwe like many democratic states, there is separation of powers between the legislature, the executive, and the judiciary. The legislature is the decision making structure that enacts policies in their capacity as representatives of the people; the judiciary is the mediating body that adjudicates decisions between the organs of state as well as between those organs and individuals and the executive enforces decisions. The findings of the research are that despite the ratification of international and regional instruments dealing with the right to freedom of expression and the protection of the right to freedom of expression in the constitution, there still exist repressive laws in Zimbabwe which to a great extent limit the right to freedom of expression. These laws in light of the prevailing environment in Zimbabwe are often used to deprive citizens and journalists of information and their right to freedom of expression. The judiciary finds itself in a difficult position as the executive does not comply with its rulings. The independence of the judiciary, in light of the environment is also compromised by the threats to the judges, the appointment process and ‘gifts’ given to the judges for example, farms. The research analyses the history and theories of freedom of freedom of expression in Zimbabwe, the laws regulating the right and the case law dealing with this right. Finally there is a comparison between Zimbabwe and South Africa and conclusions and recommendations are made based on the discussion in the dissertation. Among the recommendations is that civil society should be involved in educating individuals especially journalists about the right to freedom of expression. Further, the judiciary should also take a more proactive approach in the protection of the right.

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Clarke, Tamsin Law Faculty of Law UNSW. « Racism, pluralism and democracy in Australia : re-conceptualising racial vilification legislation ». Awarded by:University of New South Wales. School of Law, 2005. http://handle.unsw.edu.au/1959.4/20530.

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Australian debates about racial vilification legislation have been dominated by mainstream American First Amendment jurisprudence and popular American notions of 'free speech' to the exclusion of alternative Europeans models. This can be seen from notions of Australian racial vilification legislation as inconsistent with 'free speech' rights as well as the influence of some of the basic assumptions of First Amendment jurisprudence on political speech cases in the Australian High Court. Despite the widespread existence of legislation that penalises racial vilification at State and Federal levels, there has been a rise in Australia over the past 10 years of divisive 'race' politics. Against that background, this thesis considers the scope and limits of racial vilification legislation in Australia. It is argued that First Amendment jurisprudence is inadequate in the Australian context, because it is heavily dependent upon economic metaphors, individualistic notions of identity and outdated theories of communication. It assumes that 'free speech' in terms of lack of government intervention is essential to 'democracy'. It ignores the content, context and effect of harmful speech, except in extreme cases, with the result that socially harmful speech is protected in the name of 'free speech'. This has narrowed the parameters within which racial vilification is understood and hindered the development of a broader discourse on the realities of racist harms, and the mechanisms necessary for their redress. The author calls for the development of an Australian jurisprudence of harmful speech. Failing an Australian Bill of Rights, that jurisprudence would be grounded upon the implied constitutional right of free political speech, informed by an awareness that modern structures of public speech favour a very limited range of speech and speakers. The jurisprudence would take advantage of the insights of Critical Race Theory into the connections between racial vilification and racist behaviour, as well as the personal and social harms of racial vilification. Finally, it is argued that the concepts of human dignity and equality, which underpin European discrimination legislation and notions of justice, provide a way forward for Australian jurisprudence in this area.

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Janse, van Rensburg Leanne. « The violence of language : contemporary hate speech and the suitability of legal measures regulating hate speech in South Africa ». Thesis, Rhodes University, 2013. http://hdl.handle.net/10962/d1001866.

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This thesis unites law and social science so as to give a comprehensive account of the phenomenon of racial hate speech in South Africa as an obstacle to transformation. Hate speech is presented as a form of violent language and an affront to the constitutional rights of freedom of speech, equality and dignity. To establish the nature of hate speech, the fluid quality of language is explored so as to show how language can be manipulated, on the one hand, as a means to harm, and employed, on the other hand, as a tool to heal and reconcile. This double gesture is illustrated through the South African linguistic experience of past hate and segregation and the current transformation agenda. It is through this prism that hate speech regulation is discussed as an uneasy fit in a country where freedom of expression is constitutionally protected and where language plays an important role in bringing about reconciliation, and yet words are still being employed to divide and dehumanise. This reality necessitates a clearly articulated stance on the regulation of language. The thesis accordingly interrogates the current legal standards in relation to hate speech with reference to international law that binds South Africa and the constitutional standard set for the regulation of language and the prohibition of hate speech. Thereafter, the current and proposed legislative prohibitions on hate speech, the residual common law provisions governing expression and the regulation of language in the media are outlined and analysed. These legal frameworks are explored in terms of their content and their application in various fora so as to ascertain what the South African approach to hate speech prohibition is, whether it is consistent and, ultimately if it is indeed suitable to the South African experience and the realities of language. This thesis concludes that contemporary hate speech measures lack a coherent understanding of what hate speech entails and a general inconsistency in approach as well as application is found in the treatment of hate speech complaints in South Africa. This is explained through the fallibility of language as a medium to regulate expression and solutions are offered to not only taper current and proposed hate speech provisions but to also consider alternative forms of resolving hate speech complaints

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Grosshans, Joshua D. « Legislation, litigation, and lunacy : an analysis of Ashcroft V. free speech coalition and the child pornography prevention act of 1996 ». Honors in the Major Thesis, University of Central Florida, 2003. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/317.

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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucf.edu/Systems/DigitalInitiatives/DigitalCollections/InternetDistributionConsentAgreementForm.pdf You may also contact the project coordinator, Kerri Bottorff, at kerri.bottorff@ucf.edu for more information.
Bachelors
Health and Public Affairs
Legal Studies

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Fernandez, Joseph M. « Loosening the shackles of the truth defence on free speech : making the truth defence in Australian defamation law more user friendly for media defendants ». University of Western Australia. Law School, 2009. http://theses.library.uwa.edu.au/adt-WU2009.0075.

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Defamation laws truth defence the oldest, most obvious and principal defence has failed Australian media defendants. Few who mount the defence succeed. Many, discouraged by the defences onerousness, do not even attempt it. As a consequence the journalistic articulation of matters of public concern is stifled. This thesis argues that the limitations of the Australian truth defence are inconsistent with established freedom of speech ideals and the public interest in having a robust media. As a result society is constrained from enlightened participation in public affairs. This thesis proposes reforms to alleviate the heavy demands of the defence so as to promote the publication of matters of public concern and to strike a more contemporary balance between freedom of speech and the protection of reputation. These reforms employ defamation laws doctrinal calculus to reposition the speech-reputation fulcrum. While defamation law has for decades attracted reform attention, the truth defence has languished by the wayside. This thesis steps into the breech. The cornerstone of this thesis is a proposal to reverse the burden so that the plaintiff bears the burden of proving falsity of the defamatory publication where: the complainant is a public figure; the matter complained about is a matter of public concern; and the suit involves a media defendant. While this proposal is likely to dramatically alter the prevailing Australian freedom of speech/protection of reputation equilibrium, other measures are proposed to serve as a bulwark against the wanton destruction of reputation.

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Dryden, Joe. « School Authority Over Off-Campus Student Expression in the Electronic Age : Finding a Balance Between a Student's Constitutional Right to Free Speech and the Interest of Schools in Protecting School Personnel and Other Students from Cyber Bullying, Defamation, and Abuse ». Thesis, University of North Texas, 2010. https://digital.library.unt.edu/ark:/67531/metadc33143/.

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In Tinker v. Des Moines Independent School District, the Supreme Court ruled that students have speech rights in the school environment unless the speech causes or is likely to cause 1) a substantial disruption, or 2) interferes with the rights of others. The Supreme Court has yet to hear a case involving school officials' authority to regulate electronically-delivered derogatory student speech, and no uniform standard currently exists for determining when school authorities can discipline students for such speech when it occurs off campus without violating students' First Amendment rights. The purpose of this dissertation is to examine 19 federal and state court decisions in which school authorities were sued for disciplining students for electronically delivered, derogatory speech. Eighteen of these cases involved student speech that demeaned or defamed school teachers or administrators. Only one involved speech that demeaned another student. Each case was analyzed to identify significant factors in court holdings to provide a basis for the construction of a uniform legal standard for determining when school authorities can discipline students for this type of speech. The full application of Tinker's first and second prongs will provide school officials the authority needed to address this growing problem while still protecting legitimate off-campus student cyber expression. Predictions of future court holdings and policy recommendations are included.

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Mushohwe, Knowledge. « An analysis of selected cartoons published during Zimbabwe's 2008 elections ». Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1609.

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During Zimbabwe’s 2008 harmonised elections the country’s media laws had a direct impact on the way editorial cartoonists expressed themselves. Although the online newspapers were unregulated and the print media published under Zimbabwe’s media laws, Public Order and Security Act and Access to Information and Protection of Privacy act - the editorial cartoons from both sources show deliberate bias towards one candidate and contempt towards the main rival. The study contextualises the understanding of the editorial cartoon, as practised in an environment of freedom of speech and defined by the four categories identified by Press (1981) and Manning and Phiddian (2004), and delineates the effect of media laws on the newspaper industry in Zimbabwe. The four categories of editorial cartoons identified are descriptive editorial cartoons, laughing satirical editorial cartoons, destructive satirical editorial cartoons, and savage indignation editorial cartoons. The study reviews eight editorial cartoons, read using a semiotic framework investigating non-verbal communication, as defined and suggested by Du Plooy (1996), and a text and language grid, as suggested by Leech (1974), according to the criteria of symbols/metaphors, exaggeration/distortion, stereotypes, caricature, irony, captions, and background knowledge, as developed by Fetsko (2001). A comparative analysis of the cartoons reveals that objectives and functions of the unregulated zimonline.co.za and the regulated the Herald newspapers are the same. They constitute propagandistic representations of Zimbabwean politics that are more an extension of political ideology than they are a reflection of the country’s sociopolitical landscape.

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Musa, Abdul Samat. « Freedom of expression in English law ». Thesis, University of Manchester, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.237410.

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Waltman, Max. « The Politics of Legal Challenges to Pornography : Canada, Sweden, and the United States ». Doctoral thesis, Stockholms universitet, Statsvetenskapliga institutionen, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-109040.

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The dissertation analyzes obstacles and potential in democracies, specifically Canada, Sweden, and United States, to effectively address empirically documented harms of pornography. Legislative and judicial challenges under different democratic and legal frameworks are compared. Adopting a problem-driven theoretical approach, the reality of pornography’s harms is analyzed. Evidence shows its production exploits existing inequalities among persons typically drawn from other forms of prostitution who suffer multiple disadvantages, such as extreme poverty, childhood sexual abuse, and race and gender discrimination, making survival alternatives remote. Consumption is also divided by sex. A majority of young adult men consumes pornography frequently; women rarely do, usually not unless initiated by others. After consumption, studies show many normal men become substantially more sexually aggressive and increasingly trivialize and support violence against women. Vulnerable populations—including battered, raped, or prostituted women—are most harmed as a result. The impact of attempts to address pornography’s harms on democratic rights and freedoms, specifically gender equality and speech, is explored through the case studies. Democracies are found to provide more favorable conditions for legal challenges to pornography’s harms when recognizing substantive (not formal) equality in law, and when promoting representation of perspectives and interests of groups particularly injured by pornography. State-implemented approaches such as criminal obscenity laws are found less effective. More victim-centered and survivor-initiated civil rights approaches would be more responsive and remedial—a finding with implications for other politico-legal problems, such as global warming, that disproportionately affect disadvantaged populations traditionally largely excluded from decision-making.

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Wesley, Donald C. « Hazardous freedom| A cultural history of student freedom of speech in the public schools ». Thesis, State University of New York at Buffalo, 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=3726022.

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In public schools, student expression commonly calls for the attention of school staff in one form or another. Educators have a practical interest in understanding the boundaries of student freedom of speech rights and are often directed to the four student speech cases decided to date by the Supreme Court (Tinker v Des Moines (1969), Bethel v Fraser (1986), Hazelwood v Kuhlmeier (1988), and Morse v Frederick (2007)). Sources about these cases abound, but most focus on legal reform issues such as the political arguments of opposing preferences for more student freedom or more school district control or the lack of clear guidance for handling violations

I propose an alternative approach to understanding the Supreme Court’s student speech jurisprudence focusing not on its correctness but on cultural influences which have worked and continue to work on the Court both from without and within. This approach may lead to a new understanding of Court decisions as legally binding on educators and an appreciation of the necessary rhetorical artistry of the Justices who write them. Not intended in any way as an apologetic of the Court’s decisions on student speech, this study is based particularly on the work of Strauber (1987), Kahn (1999) and Mautner (2011). It takes the form of a cultural history going back to the Fourteenth Amendment’s influence on individual rights from its ratification in 1868 to its application in Tinker in 1969 and beyond.

Seen as cultural process which begins with the Amendment’s initial almost complete ineffectiveness in restricting state abridgment of fundamental rights including speech to its eventual arrival, fully empowered, at the schoolhouse gate, this study attempts to make student speech rights more accessible to educators and others. The tensions between the popular culture which espouses the will of the people and the internal legal culture of the Court itself and its most outspoken and articulate Justices resolve into decisions which become the law of the land, at least for the moment. The study also offers implications for administrators together with suggestions on how to stay current with free speech case law applicable to the schools.

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Livres sur le sujet "Freedom of speech – Law and legislation"

Freedom of speech and employment. Oxford : Oxford University Press, 2002.

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Free speech in an Internet era : Papers from the free speech discussion forum. Durham, North Carolina : Carolina Academic Press, 2013.

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Joel, Kurtzberg, dir. Law of internet speech. 3^e éd. Durham, NC : Carolina Academic Press, 2008.

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Law of Internet speech. 2^e éd. Durham, N.C : Carolina Academic Press, 2002.

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Schachter, Madeleine. Law of Internet speech. Durham, N.C : Carolina Academic Press, 2001.

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A, Bosmajian Haig, dir. Academic freedom. New York : Neal-Schuman, 1989.

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A, Bosmajian H., dir. Academic freedom. New York : Neal-Schuman, 1987.

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6, Perri. Liberty, charity, and politics : Non-profit law and freedom of speech. Aldershot : Brookfield, USA, 1995.

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Media law. Concord, Ont : Irwin Law, 1997.

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Thomas, Gibbons, dir. Free speech in the new media. Farnham, Surrey, England : Ashgate, 2009.

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Chapitres de livres sur le sujet "Freedom of speech – Law and legislation"

Neller, Jen. « Hate Speech Law and Equality : A Cautionary Tale for Advocates of “Stirring up Gender Hatred” Offences ». Dans Towards Gender Equality in Law, 153–74. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-98072-6_8.

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AbstractDebates about hate speech legislation tend to be dominated by the conflict between freedom of expression on the one hand and freedom from the harms of hatred on the other; it is pervasively claimed that a balance must be struck between these competing interests. This chapter carefully examines this framing of the issue, drawing on parliamentary debates to foreground the classificatory assumptions and power imbalances that are at play in such purportedly neutral balancing exercises. These insights are used to contextualise the question of whether the stirring up hatred offences of England and Wales should be extended to encompass gender hatred. With a focus on the pursuit of intersectional equality, the chapter raises important dynamics that advocates of such offences should consider beyond the headline issue of free speech.

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Kanovitz, Jacqueline R., Jefferson L. Ingram et Christopher J. Devine. « Freedom of Speech ». Dans Constitutional Law for Criminal Justice, 43–92. 15th edition. | New York, NY : Routledge, 2018. | Series : John C. Klotter justice administration legal series : Routledge, 2018. http://dx.doi.org/10.4324/9780429469886-2.

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Ryan, Mark, et Steve Foster. « Freedom of speech ». Dans Unlocking Constitutional and Administrative Law, 549–67. 5^e éd. London : Routledge, 2022. http://dx.doi.org/10.4324/9781003262138-18.

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Kyritsis, Dimitrios. « Freedom of Speech ». Dans Encyclopedia of the Philosophy of Law and Social Philosophy, 1–5. Dordrecht : Springer Netherlands, 2022. http://dx.doi.org/10.1007/978-94-007-6730-0_693-1.

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Grabowski, Mark, et Eric P. Robinson. « Freedom of Speech in an Online World ». Dans Cyber Law and Ethics, 53–66. London : Routledge, 2021. http://dx.doi.org/10.4324/9781003027782-4.

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Horbach, Carlos Bastide. « Political Speech, Freedom of Expression and Fake News ». Dans Law, Governance and Technology Series, 187–201. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-07377-9_10.

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Schaumburg-Müller, Sten. « Freedom of speech and online media in Denmark ». Dans Human Rights Law and Regulating Freedom of Expression in New Media, 21–41. New York, NY : Routledge, 2018. | Series : Routledge research in human rights law : Routledge, 2018. http://dx.doi.org/10.4324/9781351017596-3.

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Colclough, David. « Freedom of Speech, Libel and the Law in Early Stuart England ». Dans Literature, Politics and Law in Renaissance England, 170–88. London : Palgrave Macmillan UK, 2005. http://dx.doi.org/10.1057/9780230597662_8.

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Merrin, William. « Save the Troll ! UK Social Media Legislation and the Attack on Freedom of Speech ». Dans Capitalism, Crime and Media in the 21st Century, 205–32. Cham : Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-56444-5_11.

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Kristan, Andrej. « Three Grounds for Tests of the Justifiability of Legislative Action : Freedom, Representative Democracy, and Rule of Law ». Dans The Rationality and Justification of Legislation, 53–61. Heidelberg : Springer International Publishing, 2013. http://dx.doi.org/10.1007/978-3-319-00062-6_3.

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Actes de conférences sur le sujet "Freedom of speech – Law and legislation"

Herceg Pakšić, Barbara, et Dorota Habrat. « COMPARATIVE VIEWS ON A PERMANENT CHALLENGE : HATE SPEECH SANCTIONING IN POLAND AND CROATIA ». Dans The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22431.

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Freedom of expression is one of the essential elements of modern democratic states’ standard for basic civil rights and freedoms. It is most often guaranteed in the constitutions as well as in ratified acts of European and international law. Still, freedom of speech is not absolute, meaning in certain situations it may be restricted to protect another legal value. A prominent example is hate speech, as a means of spreading hatred, hostility and violence towards a person or a particular group. It is not a closed book but widely regarded as a significant violation of human rights. While there is no doubt it constitutes a freedom of speech abuse, the issue of its sanctioning falls within controversial and multifaceted challenges in terms of legislative regulation. The purpose of this article is to compare Polish and Croatian legal systems on this issue. The research will be based on the comparative method, designed to detect similarities, differences and possible patterns in the subject area of the study and to determine the variables affecting the evaluation of current and developed policies in the area of hate speech responsibility and sanctioning. The specific solutions contained in the national constitutional positions, criminal law, misdemeanor law, related body of doctrine and selected case law show a certain diversity of approaches. It can be said that in the area under consideration we are dealing with variants of the same general concept. The results of the conducted analyses will form the basis for further research in the field of amendment of regulations on the punishment of hate speech in the Polish and Croatian legal systems.

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Kucina, Irena. « Effective Measures Against Harmful Disinformation in the EU in Digital Communication ». Dans The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.11.

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Digitalisation has opened new technological horizons before society in terms of creating a better physical world and personal life. Impact of technologies on medicine, reduction of environmental pollution, resource savings and other areas is obvious. Digital technologies kept Latvian parliament (Saeima), government, public institutions, schools and business open or working remotely during pandemic to ensure running of the state, economy and society under restrictions and preventing close contact. Pandemic would have made our lives significantly harder 30 years ago. Digital revolution is on the rise. Global data output is doubling every year. Just picture hundreds of thousands of Google searches and Facebook entries we generate every minute. They convey valuable information about what we think and experience. It has also become apparent that technological euphoria has clouded our vision and we have failed to spot the threats to democracy, human rights and freedoms. Digitalisation come with great opportunities, but it also poses enormous risks, especially for democracy and rule of law. On 15 December 2020, European Commission announced two new legislative proposals (proposals for regulation) – Digital Services Act and Digital Markets Act . Their main objective is to make internet safer for people who use it, in particular, for buying goods and services, and for the first time ever these regulations also contain provisions regarding reduction of threats to democracy and rule of law emanating from digital tools. This paper analyses two significant legal risks associated with digitalisation that need to be mentioned: Big Data threats to fundamental human rights such as privacy (I) and threats to freedom of speech on social media (II), which are then evaluated from the perspective of interconnected legislative proposals announced by the Commission on 15 December 2020 (Digital Services Act and Digital Markets Act), followed by an assessment of how well they address (or not) the aforementioned risks (III). In conclusion, paper offers several proposals on how Latvia should address these issues during consultation process (IV).

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Nikitin, Aleksey, et Damir Ahmedov. « FORMATION OF RUSSIAN LEGISLATION ON FREEDOM OF CONSCIENCE AND RELIGION ». Dans Law and law : problems of theory and practice. ru : Publishing Center RIOR, 2020. http://dx.doi.org/10.29039/02033-3/055-057.

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This article deals with ensuring the development of the legal framework of public relations in the sphere of freedom of conscience and religion, creating and modernizing means of protecting human and civil rights and freedoms.

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Thompson, A. Keith. « Freedom of Religion and Freedom of Speech – The United States, Australia and Singapore compared Freedom of Conscience and Freedom of Speech are Inseparably Connected ». Dans 6th Annual International Conference on Law, Regulations and Public Policy (LRPP 2017). Global Science & Technology Forum (GSTF), 2017. http://dx.doi.org/10.5176/2251-3809_lrpp17.7.

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Yosifova, Petya. « HOOLIGANISM AND FREEDOM OF EXPRESSION ». Dans 15 YEARS OF ADMINISTRATIVE JUSTICE IN BULGARIA - PROBLEMS AND PERSPECTIVES. University publishing house "Science and Economics", University of Economics - Varna, 2022. http://dx.doi.org/10.36997/ppdd2022.291.

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The report presents various forms of indecent acts, which according to the Bulgarian legislation can be qualified in some cases as the crime of hooliganism, and in others - as an administrative violation. Attention is drawn to the frequent cases of abusive treatment of monuments of cultural and/or historical value. In this regard, the case law of the ECtHR with regard to the right to freedom of expression, which raises the question of the limits of state interference in its exercise, is examined.

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Linyi, Cui. « The Freedom of Speech in Live Webcast ». Dans Proceedings of the 4th International Conference on Economics, Management, Law and Education (EMLE 2018). Paris, France : Atlantis Press, 2018. http://dx.doi.org/10.2991/emle-18.2018.158.

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Gaolun, Li. « Value Conflict and Balance Between Security and Freedom Reflections on the Anti-terrorism Criminal Legislation in China ». Dans Proceedings of the 4th International Conference on Economics, Management, Law and Education (EMLE 2018). Paris, France : Atlantis Press, 2018. http://dx.doi.org/10.2991/emle-18.2018.146.

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Polichnaya, Tatiana Evgenievna. « FEATURES OF THE CRIMINAL LAW PROTECTION OF THE RIGHT TO FREEDOM OF CONSCIENCE AND RELIGION IN THE SOVIET PERIOD ». Dans IV Международная научно-практическая конференция "Научные исследования и инновации". KDU, Moscow, 2021. http://dx.doi.org/10.31453/kdu.ru.978-5-7913-1168-9-2021-185-193.

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This article is devoted to the analysis of the legislation of the Soviet period concerning the establishment and protection of the right to freedom of conscience and religion. The author analyzes the normative acts, criminal law norms that provide for liability for violation of the above-mentioned right.

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Antônio Sousa Alves, Marco. « Freedom of speech in the network society : new forms of controlling information ». Dans XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_sws74_01.

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Chistyakov, Kirill A., Elnur Fazil ogly Gadzhiev et Normunds Ilmarovich Pavlukevich. « Peculiarities of the Criminal and Intelligence Nature of Imposing Punishment in the Form of Restriction of Freedom ». Dans VII INTERNATIONAL SCIENTIFIC-PRACTICAL CONFERENCE “CRIMINAL LAW AND OPERATIVE SEARCH ACTIVITIES : PROBLEMS OF LEGISLATION, SCIENCE AND PRACTICE”. SCITEPRESS - Science and Technology Publications, 2021. http://dx.doi.org/10.5220/0010635800003152.

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