Rozprawy doktorskie: „Freedom of speech”

1

Sammon, Gerard Patrick. "Freedom of speech in Australia : analysis of freedom of speech as a right". Thesis, Queensland University of Technology, 1997. https://eprints.qut.edu.au/36891/1/36891_Digitised%20Thesis.pdf.

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Krzeminska-Vamvaka, Joanna. "Freedom of commercial speech in Europe". Hamburg Kovač, 2008. http://d-nb.info/989433943/04.

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Moles, Velázquez Andrés. "Autonomy, freedom of speech and mental contamination". Thesis, University of Warwick, 2007. http://wrap.warwick.ac.uk/2422/.

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The aim of the thesis is to rebut the dominant autonomy-based defence of hate speech within a liberal framework. The thesis argues that liberal egalitarianism is compatible with certain restrictions on free speech. I defend the view that liberal ideals such as equality and autonomy are, contrary to the arguments of many liberals, better achieved by imposing certain restrictions on what citizens are allowed to express. I examine the problem of freedom of expression in the context. of the public/private distinction. In particular, I explore the Rawlsian conception of this distinction, which is based on the idea that principles of justice apply only to the 'basic structure of society'. Citizens are required by justice to treat all others as free and equal citizens, but this seems to hold only when citizens deliberate about 'constitutional essentials and matters of basic justice'. In their private lives and other social contexts citizens are free to treat other people without equal respect and concern, provided that basic rights are not violated. This position is criticised by calling attention to recent developments in Social and Cognitive Psychology. Evidence suggests that much of our behaviour is triggered by features ofÃ?Â· the environment that bypass individuals' rational control: this includes social stereotypes, non-instrumental behaviour, and goal-oriented activity among others. I develop these ideas into a discussion of free speech and autonomy. I argue that autonomy defences of free speech need to assess how the environment directly affects rational processes. Moreover, I argue, given the structure of human cognition, there is no guarantee that attitudes and actions cultivated in the private sphere will not 'spillover' into the public sphere. For this reason, I suggest, political morality must also extend to the justice of our private practices. To the extent that autonomy and justice matter, I argue that we have reasons to limit the expression of certain views, in particular those which trigger processes that bypass rational control. Finally, despite the importance I attribute to the concept of autonomy, I reject the claim that my position endorses a form of liberal perfectionism. I do so by defending a conception of full publicity and demonstrating that the view I articulate is compatible with rejecting perfectionism.

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Riznitska, T. I. "Freedom of speech in a democratic society". Thesis, Sumy State University, 2014. http://essuir.sumdu.edu.ua/handle/123456789/44923.

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Democracy is the most challenging form of government both for politicians and for the people. This is the form of government, where a constitution guarantees basic personal and political rights, fair and free elections, and independent courts of law. One of the main objectives of this is to develop a clear system of rights and responsibilities of people which could regulate the relationship between the state and society.

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Easter, Michele Martha Perrin Andrew J. "Freedom in speech freedom and liberty in U.S. presidential campaign discourse, 1952-2004 /". Chapel Hill, N.C. : University of North Carolina at Chapel Hill, 2006. http://dc.lib.unc.edu/u?/etd,634.

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Thesis (M.A.)--University of North Carolina at Chapel Hill, 2006.
Title from electronic title page (viewed Oct. 10, 2007). "... in partial fulfillment of the requirements for the degree of Master in the Department of Sociology." Discipline: Sociology; Department/School: Sociology.

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Gannon, Kathy. "2015 Zenger Award Acceptance Speech". School of Journalism, University of Arizona (Tucson, AZ), 2015. http://hdl.handle.net/10150/583005.

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Steiger, Paul. "2014 Zenger Award Acceptance Speech". School of Journalism, University of Arizona (Tucson, AZ), 2014. http://hdl.handle.net/10150/583006.

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Boughey, Thomas John George. "The binding roots of free speech". Thesis, Rhodes University, 2009. http://hdl.handle.net/10962/d1006255.

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This thesis argues that the modern notion of free-speech was born within the Westphalian nation-state. It suggests that the legal rights framework - particular to the Westphalian nationstate - not only legitimizes and legalizes the right to free-speech, but also enables us to invoke legally the necessary limitations that demand the limitation of free-speech in certain contexts. However, such a legal-rights framework is exclusive to the nation-state and cannot be enforced on an international level, outside of the nation-state boundary. With reference to examples on an international level, this thesis demonstrates that calls for the limitation of free-speech are indeed legitimate and necessary but cannot be enforced on an international level for the reasons just mentioned. In order to address this problem, this thesis proposes a framework - based on a Kantian model - that enables us to invoke the limitation of free-speech on an international level without appealing to a legal-rights discourse to do so.

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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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Vinberg, Aline. "Yttrandefrihet- till vilket pris som helst? : En studie om yttrandefrihet och dess gränsdragning". Thesis, Uppsala universitet, Teologiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-306915.

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The aim of this study is to research freedom of expression and its content and value. The focus has been to find answers to where freedom of expression has its limits, if it has any. This study has three aims: to research what freedom of expression means; to research the arguments for it; and to research if there are any limits to freedom of expression. Due to the aim of understanding the limits for freedom of expression, two questions regarding whether freedom of expression shall be restricted by prohibiting racist organisations and hate speech are being answered. Political philosophers Ronald Dworkin, Elena Namli, Thomas Scanlon, and Jeremy Waldron’s theories on the limits of freedom of expression are analyzed through the eyes of the theorists John Stuart Mill and Isaiah Berlin. My conclusion from the research is that freedom of expression should not be limited by forbidding racist organisations, but instead that it shall be limited by prohibiting hate speech.

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Jansson, Ann. "Yttrandefrihetens gränser : En prövning utifrån tre fall och tre teoretiker". Thesis, Linnéuniversitetet, Institutionen för statsvetenskap (ST), 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-43807.

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Freedom of speech has been a well discussed subject. Great philosophers and theoretics like Plato, Voltaire, Locke and Mill have again and again showed the importance of freedom of speech. Since the world have become bystanders to a series of events that can only classify as crimes aganst freedom of speech, it has become more important to study the phenomenon and analyse it. By finding cases where the freedom of speech has been compromised and analyse them in frames of three different theories, the argument of truth, the argument of democracy and the argument of tolerance, this paper makes the boundaries of freedom of speech a little clearer, and also makes a discussion about how reasonable the boundaries are possible. Everything according to the three theories.

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McCarthy, Jane. "Speech and silence : freedom of speech and processes of censorship in early imperial Rome". Thesis, King's College London (University of London), 2013. https://kclpure.kcl.ac.uk/portal/en/theses/speech-and-silence(b7bc7793-2d50-4deb-a283-4ecb304962a5).html.

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This thesis is concerned with freedom of speech in early imperial Rome. The creation of the principate meant that the emperor held absolute power based on military force, but there is no comprehensive survey of how this affected freedom of speech. This study therefore examines relevant primary sources, approaching the question through three areas - controls imposed by the emperor through law and force mqjeure, self-censorship and peer pressure among the elite, and popular political protest. Most of the evidence presented is literary, reflecting the interests and concerns of the elite authors and their intended audience, though where relevant reference is made to inscriptions, graffiti and dipinti. The thesis considers the hierarchical, status-conscious nature of Roman society, arguing that concern for social standing affects all communication. Although there are incidents of control imposed by the emperor or his representatives, peer-to-peer pressure has a greater impact upon freedom of speech. Communication is affected by the status of the speaker, the audience and the occasion. The distinctions between "public" and "private" speech differed significantly from modern conceptions. This means that protocols arose for dealing with potentially offensive subjects - insult, criticism and obscenity - so that offence was minimised and social relations could continue harmoniously. This argument is developed by an exploration of political communication between senate and emperor, especially the importance of the differing relationships between the emperor and individual senators. The study concludes by exploring informal and popular protest at Rome, through gossip, demonstrations at ludi and munera, and through graffiti and pamphleteering. Even here, concerns for status and personal relationships with the emperor explain the forms protests take. This study aims to extend existing work and re-examine assumptions commonly made about freedom of speech, or its lack, in early imperial Rome.

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13

Botha, Joanna Catherine. "Hate speech as a limitation to freedom of expression". Thesis, Nelson Mandela Metropolitan University, 2016. http://hdl.handle.net/10948/9054.

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Hate speech in South Africa creates a tension between the right to freedom of expression and the rights to human dignity and equality. The challenge is to achieve a balance between these competing rights in the context of the divisive past and the transformative constitutional ideal, in which reconciliation and respect for group difference are promoted. Freedom of expression, an individual right, must be construed in light of its underlying values, but regard must also be given to communitarian interests. The constitutional standard draws the initial line. The advocacy of hatred on four grounds and which constitutes incitement to cause harm is not constitutionally protected speech. Such speech undermines nation building, causes acrimony, and is not tolerated in the egalitarian society envisaged by the Constitution. The thesis formulates a principled legislative hate speech framework for South Africa at both human rights and criminal levels within the parameters of the constitutional mandate, as guided by the standard for hate speech restrictions in international law, and the Canadian regulatory model. An essential premise is that regulation requires a multi-faceted balancing enquiry. A holistic approach is proposed where factors such as respect for the dignity of the victims, autonomy for speakers, listeners and the wider community; the causal link between hate speech and hatred in a community; and the desire to achieve a diverse and harmonious society; amongst others, are considered. Failure to regulate hate speech constructively endorses hatemongers and promotes damaging speech at the expense of vulnerable groups. Regulation ensures that law sets the normative benchmark, affirms the protection of vulnerable groups within the social fabric and upholds social cohesion, inclusiveness and the equal citizenship of all individuals in society. The thesis contains a proposal for the enactment of legislation creating a self-standing hate speech crime for the advocacy of extreme hatred, shaped in accordance with international requirements and comparative foreign law, and structured in light of the distinction between hate crime and hate speech. The existing legal framework is unable to provide consistent and fitting redress for the severe harm caused by such speech, namely the fostering of an environment in which the stigmatisation of groups is promoted, their exclusion from society justified and intervention is needed to remedy the escalated levels of hatred and violence between different groups in society. PEPUDA, a remedial statute aimed at promoting transformation and substantive equality, is valuable, but its speech prohibitions are broad and imprecise. Consequently, their effectiveness is compromised and their constitutionality questioned. The thesis proposes recommendations for amendments to sections 7(a), 10(1) and 12 of PEPUDA. The aim is to ensure compliance with the international standard and to foster the optimal regulation of hate speech and other forms of damaging speech, including derogatory racial epithets, which undermine human dignity and equality and threaten national unity. It is intended for the two systems to complement one another and to create a legal framework aimed at addressing hate speech constructively and in context, promoting tolerance, respect for difference, reconciliation and transformation.

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Козловська, Ганна Борисівна, Анна Борисовна Козловская, Hanna Borysivna Kozlovska i M. U. Zhmaeva. "Freedom of speech as a principle of human rights". Thesis, Сумський державний університет, 2022. https://essuir.sumdu.edu.ua/handle/123456789/87827.

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Дослідження присвячене свободі слова як одному з головних принципів прав людини. Необхідність дотримання свободи людини є вектором цивільного суспільства. Ця проблема важлива, бо людина – найвища соціальна цінність демократичної держави.
Исследование посвящено свободе слова как одному из основных принципов прав человека.
The research deals with freedom of speech as a principle of human rights. The necessity of ensuring human freedom is a vector of civil society. It is important because a man is the highest social value of any democratic state.

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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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Szigeti, Tamas. "The right to political speech and the ban on hate speech". Thesis, University of Oxford, 2017. http://ora.ox.ac.uk/objects/uuid:7425f8b6-27f4-46c0-bd14-bc370e9533de.

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This thesis contributes to the debate on hate speech by arguing for a compromise solution. It breaks with the absolutist solutions under which either all hate speech should be banned or all should be protected. The prohibition of some hateful expressions is assumed to be legitimate. This follows the European constitutional tradition. However, the prohibitionist norm should be reconciled with the right to political speech. This flows from the normative importance of free political expression that is widely endorsed. The research relies on three theoretical pillars. First, it defines the strongest democratic justificatory case for political speech in liberal democracies. Then, it argues for a richer understanding of what should count as political speech. The proposed approach assigns more weight to the political circumstances than to the sheer content of speech. The argument then proceeds through investigating the strongest objections against protecting hate speech. These prohibitionist arguments assert that hate speech incites against, silences or vilifies vulnerable groups, moreover that hate speech harms democracy. The thesis disputes these objections as applied to political hate speech. The conclusion is that political hate speech narrowly defined should be an exception from the otherwise legitimate ban on hate speech. In the final two chapters, the theoretical findings are applied to the case law of the ECtHR and to the United Kingdom's statutory hate speech regulation. The critical evaluation of hate speech judgments and statutes is coupled with suggestions how to reform the broadly prohibitionist position that these jurisdictions had come to endorse.

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Zazove, Robin. "Political perspectives and freedom of speech in the college classroom /". View online, 2010. http://repository.eiu.edu/theses/docs/32211131524877.pdf.

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Šindeikis, Algirdas. "Freedom of speech and other constitutional values: issues of balancing". Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2011. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2011~D_20110829_125503-11502.

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Constitution of the Republic of Lithuania sets the principal democratic values of society. Human rights assume special role in the system of constitutional values. Article 25 of the Constitution of the Republic of Lithuania establishes the right of a human being to have his own convictions and freely express them. Article 25 of the Constitution of the Republic of Lithuania establishes the right to everyone to have freedom to express his opinion and convictions and to freely impart them. This is an essential clause for the creation and protection of democracy. Constitutional freedom of expression is realised in ordinary laws. Article 25 of the Constitution of the Republic of Lithuania establishes the principle of freedom of expression that is realised in the Civil Code of the Republic of Lithuania, Law on Provision of Information to the Public and other ordinary laws. Freedom of expression, just like other constitutional human rights and freedoms, is not absolute. Employment of the freedom of expression faces such requirements that are required in the democratic society to protect the rights and freedoms of other human beings, as well as the constitutional arrangement. Ordinary courts (general jurisdiction and specialised), which examine cases for determining balance of freedom of expression and other constitutional values, must construe the content of constitutional rights of human beings. Decisions by ordinary courts in the cases of determining the balance of freedom of... [to full text]
LR Konstitucijoje įtvirtintos svarbiausios demokratinės visuomenės vertybės. Žmogaus teisėms konstitucinių vertybių sistemoje tenka ypatinga vieta. LR Konstitucijos 25 str. įtvirtinta žmogaus teisė turėti savo įsitikinimus ir juos laisvai reikšti. LR Konstitucijos 25 str. kiekvienam žmogui suteikia galimybę laisvai formuoti savo nuomonę ir pažiūras bei laisvai jas skleisti. Tai būtina sąlyga demokratijai kurti ir saugoti. Konstitucinė saviraiškos laisvė įgyvendinama ordinariniuose įstatymuose. LR Konstitucijos 25 str. įtvirtintas saviraiškos laisvės principas įgyvendintas LR Civiliniame kodekse, LR Visuomenės informavimo įstatyme bei kituose ordinariniuose įstatymuose. Saviraiškos laisvė, kaip ir kitos konstitucinės žmogaus teisės ir laisvės, nėra absoliuti. Naudojantis saviraiškos laisve susiduriama su tokiais reikalavimais, kurie būtini demokratinėje visuomenėje siekiant apsaugoti kitų žmonių teises ir laisves, konstitucinę santvarką. Ordinariniai (bendros kompetencijos ir specializuoti) teismai, spręsdami žodžio laisvės ir kitų konstitucinių vertybių pusiausvyros nustatymo bylas, turi interpretuoti konstitucinių žmogaus teisių turinį. Priimdami sprendimus žodžio laisvės ir kitų konstitucinių vertybių pusiausvyros nustatymo bylose ordinariniai teismai turi remtis žodžio laisvės ir kitų konstitucinių vertybių konstitucine dimensija.

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Crawford, G. Mark. "Free speech : the Canadian model; a study of freedom of expression under the Charter of Rights of Freedoms". Thesis, University of Oxford, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.390317.

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Whalen-Cohen, Helen. "Injury and iterability can hate speech be legislated? /". Diss., Connect to the thesis, 2008. http://hdl.handle.net/10066/1421.

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Power, Febres C. "Liberalism, feminism and republicanism on freedom of speech : the cases of pornography and racist hate speech". Thesis, University College London (University of London), 2011. http://discovery.ucl.ac.uk/1324554/.

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The central issue tackled in this thesis is whether there is room for legitimate restrictions upon pornography and extreme right political organisations' racist hate speech; whether such restrictions can be made without breaching generally accepted liberal rights and within a democratic context. Both these forms of speech, identified as 'hard cases' in the literature, are presented as problems that political theorists should be concerned with. This concern stems from the increase in these forms of speech but also due to their mainstreaming in society. In this thesis the republican conception of freedom as non-domination is explored as a more suitable account than the liberal one of freedom as non-interference, when dealing with these two forms of speech. In addition, the neo-Roman republican view is aligned with anti-pornography radical feminism. This alignment aids in releasing the feminist position from a liberal framework; thereby reducing the burden of proof relating to harms derived from pornography that this position has been subjected to. Liberalism's view of freedom of speech as a pre-political right leaves very limited room for restrictions to be made upon speech. The republican view of freedom as non-domination, meanwhile, means that restrictions need not be viewed as a breach of the right of freedom of speech. In addition, liberals argue that the most these forms of speech can cause is offence. By taking republican ideas of equality and respect for the democratic citizen, and anti-pornography radical feminist accounts of performative speech acts and grievances to individuals as part of a group, it is shown that not only can these forms of speech do more than offend, they can, in fact, dominate, in instances of individuals feeling subordinate. The theoretical work is illustrated through looking at two real world cases, Spain. a liberal state, and Finland, a republican state.

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Gaiba, Chiara. "Blackface and Freedom of Expression". Bachelor's thesis, Alma Mater Studiorum - Università di Bologna, 2017. http://amslaurea.unibo.it/13795/.

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With this work I would like to present the reader with a personal consideration about freedom of speech, its limits, and the controversies it has aroused, particularly in relation to the practice of blackface. The question I am trying to answer in this thesis is: should free speech be denied to those who want to use it for overt expressions of racism, such as blackface? In regard to the structure of this thesis, I start by briefly presenting the history of free speech, from Ancient Greece, up through the French and American Enlightenment, which respectively produced the Declaration of the Rights of Man and the American Constitution. Both of these documents placed cardinal importance on freedom of speech. I then move on to argue that freedom of speech protects those who express opinions that offend, shock or disturb the state or a great part of the population. And, even most importantly, it is my belief that such opinions and expressions should not be banned nor punished. To show this, I present the case study of blackface, which is the practice of applying dark make up on a white person in order to make that person look like a black. Then, I briefly explain the history of such practice. In light of its history, black communities see blackface as extremely insulting and racist, on the one hand because it is a form of cultural appropriation, and on the other hand because it reinforces the unequal relation between Blacks and Whites, where Whites are the most powerful and decide that they have the right to mock black people. Nowadays blackface is still persistent, and it is possible to find examples of it all over the world: in the Netherlands, with the long-standing tradition of Black Pete, in the UK, with the traditional folk dancers called The Coconutters, and finally in Japan, with many singers singing American songs in Blackface, and especially in the case of the girl band Momoiro Clover Z and the Rats and Stars’ photo in blackface before a show.

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Lukman, Joshua R. "Right to publicity and privacy versus first amendment freedom of speech". Honors in the Major Thesis, University of Central Florida, 2003. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/323.

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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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Lu, Chin-Yu Ginny, i Chin-Yu Ginny Lu. "On Misconceptions Generated by Translating Parrhesia and Isegoria as "Freedom of Speech"". Thesis, The University of Arizona, 2017. http://hdl.handle.net/10150/625325.

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The ancient Greek terms parrhesia and isegoria are both frequently translated as "free speech" or "freedom of speech". Translating these terms in a straightforward fashion as "free speech" obscures a number of significant differences among what are in truth three very distinct concepts. These dis-analogies may appear unimportant at first glance, but when we understand the central role these concepts play in their respective cultures – more specifically, in their political and legal systems – it becomes clear that small differences in meaning can make a big difference in our ability to grasp the nature of Athenian civic culture. I will outline the most salient of these dis-analogies, and the mistaken conceptions of Athenian political culture that can, and do, result from them. In particular, though the idea of freedom features prominently in parrhesia and isegoria, what freedom amounts to in Athens is sometimes nearly antithetical to what it amounts to in modern liberal republics. Ancient Athenian freedom was the freedom of opportunity. In the case of parrhesia, it was a custom or value which was not a feature of government or law, but part of the Athenian character. The fact that Athenians valued free speaking was formalised in political practice under the democracy through the equal opportunity to address the political assemblies known as isegoria. There was in Athens no explicit or implied protection against the negative consequences of what one said. In contrast, "freedom of speech" means that the individual is protected against the negative consequences of speaking, in particular protected against action by the government to suppress speech and to punish speech after the fact. This difference in what having "freedom" with respect to speech amounts to, makes the translation of isegoria as "freedom of speech" nearly always systematically misleading, and so we should refrain from doing so in any context in which such confusion might be generated. This misunderstanding is compounded by the frequent translation of parrhesia as "freedom of speech" or "free speech". Parrhesia is the name for a certain mode of speech, namely speech which is direct and truthful, and risks negative consequences. As such, it has both positive and negative connotations, and correspondingly was only valued in contexts in which direct truthful speech would be preferable to other modes of speech. Parrhesia was never formalised as isegoria was, since isegoria was a political privilege while parrhesia was merely a mode of expression. In contrast, free speech is legally protected. Speech which is not believed to be valuable is protected, in order to ensure that valuable speech is not suppressed by the powerful through the instruments of government.

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Steel, John. "Free speech and praxis : philosophical justifications of freedom of speech and their application during the nineteenth century". Thesis, University of Sheffield, 2002. http://etheses.whiterose.ac.uk/14474/.

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The main aim of this thesis is to analyse and explore the philosophical justifications for freedom of speech during the nineteenth century and their application as political praxis. In this work, specific types of free speech argument are identified and examined in the light of the ideological stance of those who sought to argue for freedom of speech, primarily from key ideological perspectives of the nineteenth century, utilitarianism, liberalism and socialism. Initially three types of free speech argument are identified: the accountability argument, the liberty argument and the truth argument. However, on an inspection of socialist arguments for freedom of speech, the author suggests that a fourth sufficiently distinct type of free speech argument is present, particularly within the more mature works of socialist radicals and agitators. Though the arguments for freedom of speech overlap within different ideological and historical contexts, a case is made for a relatively distinct type of free speech argument within the socialist political praxis of free speech. Furthermore, in examining key political and philosophical texts, and an analysis of the free speech arguments in nineteenth century political pamphlets and newspapers, the argument is made that in order to gain a thorough understanding of political history and philosophy a holistic approach should be adopted, one which looks at ideas, context, history, artefact, and political praxis.

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Miles, Jonathan K. "A Perfectionist Defense of Free Speech". Bowling Green State University / OhioLINK, 2009. http://rave.ohiolink.edu/etdc/view?acc_num=bgsu1256913861.

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Bailey, Joseph Harold. "When pixels speak why video games deserve free speech protection; why video games will not receive free speech protection /". [College Station, Tex. : Texas A&M University, 2006. http://handle.tamu.edu/1969.1/5743.

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Thesis (Ph. D.)--Texas A&M University, 2006.
"Major Subject: Speech Communication" Title from author supplied metadata (automated record created on Sep. 18, 2007.) Vita. Abstract. Includes bibliographical references.

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Stephan, Laurie Ann. "Political correctness vs freedom of speech : language ideologies and their social uses /". Thesis, Connect to this title online; UW restricted, 1999. http://hdl.handle.net/1773/9394.

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Roberts, John Michael. "Speakers' Corner : the conceptualisation and regulation of a public sphere". Thesis, Cardiff University, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.274648.

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Dickinson, Sandra J. "Campus hate speech regulation can survive strict judicial scrutiny because campus hate speech impairs equal educational opportunity". Connect to resource, 1996. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1241181028.

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Petäjä, Ulf. "Varför yttrandefrihet? : Om rättfärdigandet av yttrandefrihet med utgångspunkt från fem centrala argument i den demokratiska idétraditionen". Doctoral thesis, Växjö universitet, Institutionen för samhällsvetenskap, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:vxu:diva-463.

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This thesis focuses primarily on the question ”why is freedom of speech valuable in a democratic context?” I argue that it is problematic that free-dom of speech takes for granted and that the main question therefore is absent in current political science research, in legal texts, and in public discourse. I also argue that in democratic states the focus, regarding freedom of speech, is often on its boundaries and limits rather than on its justification. But it is highly problematic to find and establish its limits without dis-cussion why freedom of speech is desirable in the first place. The thesis poses two questions. The first concerns how freedom of speech is justified by the five strongest available arguments. I analyze the arguments and conclude that they justify freedom of speech differently but that they are similar in one aspect. Freedom of speech is not primarily justified as an individual right. It is rather justified in terms of the public good. The second question asks if we can reach a better understanding of the central arguments. I argue that the arguments have something in common; all of them justify freedom of speech with reference to a common value. I argue that this common value is what I call, a “reliable communication process”. All five arguments claim that freedom of speech is valuable because it promotes a reliable communication process. This process is reliable in terms of its capacity to create a pluralistic public discourse that exposes citizens to ideas and perspectives that they would not have chosen in advance. This study results in the following findings. First, that freedom of speech is valuable in a democratic context because the reliable communication process supports the central democratic value of the enlightened understanding of the democratic citizen. Secondly, that I can give a principled reason for the boundaries of freedom of speech. This means that, according to the arguments, there are reasons to abolish or limit freedom of speech if the reliable communication process is damaged or absent, for example in case of war, anarchy, or violent circumstances. Third, that there are strong reasons in support of a public service media, and greater state intervention in media politics. One strong reason for that conclusion is that a public service media can ensure a pluralistic communication in society and counteract information conformity and intolerance among the members of society.

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Rivell, Sarah Foy. "The state of free speech on college campuses". Morgantown, W. Va. : [West Virginia University Libraries], 2003. https://etd.wvu.edu/etd/controller.jsp?moduleName=documentdata&jsp%5FetdId=3504.

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Thesis (M.S.)--West Virginia University, 2003.
Title from document title page. Document formatted into pages; contains iv, 503 p. Vita. Includes abstract. Includes bibliographical references (p. 47-49).

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Demaske, Chris. "A feminist interpretation of the First Amendment : reconceptualizing freedom, liberty and equality /". view abstract or download file of text, 2002. http://wwwlib.umi.com/cr/uoregon/fullcit?p3055684.

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Thesis (Ph. D.)--University of Oregon, 2002.
Typescript. Includes vita and abstract. Includes bibliographical references (leaves 266-277). Also available for download via the World Wide Web; free to University of Oregon users.

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Whitaker, Robert A. "Freedom of a speech| The speeches of the Warren Court Justices and the legitimacy of the Supreme Court". Thesis, State University of New York at Albany, 2017. http://pqdtopen.proquest.com/#viewpdf?dispub=10246592.

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While justices of the U.S. Supreme Court routinely claim they do not deliver speeches to audiences outside the Court, or that the content of their remarks is unimportant, scholars have long recognized that the justices speak frequently off the bench. Despite this recognition, studies of judicial speech view it largely as a potential transgression of legal norms, risking the images of neutrality and independence that are widely seen as the primary bases of the Court’s legitimacy; few studies have explored judicial speech in any detail, and surprisingly little is known about the actual content of the justices’ speeches. In this dissertation, I pose two primary questions: first, what do the justices say, and second, what does the content of judicial speech tell us about institutional legitimacy? Reviewing approximately 400 speeches by the justices of the Warren Court (1953–1969), I find the justices’ speeches generally appear as any one of four primary themes: advocating future policy and signaling outside actors to prepare for implementation, in advance of a major ruling by the Court; defending the Court’s rulings on the basis of projecting favorable images of democracy abroad; defending the Court’s rulings on the basis of constitutional claims and understandings and defending against broader attacks on judicial authority, such as court-curbing legislation; and last, articulating idealized visions of democracy and future politics. Further, I find evidence of these themes in the speeches of the justices of the Roberts Court in 2012. Contrary to the judicial “lockjaw” conception of speech as a threat to neutrality and legitimacy, I find judicial speech, while shaped by legal norms, frequently draws upon values and structures associated with democracy, enabling the justices to rework and construct political narratives about the Court and its rulings in speeches that attend to the Court’s institutional legitimacy.

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Okafor, Blessing Ekene. "The Impact of Dissent and Workplace Freedom of Speech on Employees’ Well-Being". Thesis, North Dakota State University, 2019. https://hdl.handle.net/10365/31647.

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This study examined the impact of dissent and workplace freedom of speech on employees’ well-being (subjective, psychological and workplace well-being). Data for the study were collected through an online survey distributed to employees of various organizations. The findings revealed that upward dissent was positively related to subjective well-being (consisting of life satisfaction, positive affect and negative affect), psychological well-being, workplace well-being, and workplace freedom of speech. Lateral dissent was positively related to negative affect, workplace well-being and negatively related to life satisfaction and positive affect. However, there was no relationship between lateral dissent and psychological well-being. Workplace freedom of speech was positively related to psychological well-being and workplace well-being. Practical and theoretical implications are discussed.

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Jackson, Troy Martin, i Troy Martin Jackson. "Freedom of Speech on Public College Campuses: Legally Uncertain and Legally Contested Space". Thesis, The University of Arizona, 2017. http://hdl.handle.net/10150/625012.

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The purpose of this paper is to discuss the First Amendment; more specifically, how freedom of speech is regulated or not regulated on public college campuses. Analyzing cases spanning half a century, this paper will look at the broad and somewhat narrow definitions and standards of speech. The Supreme Court has decided multiple cases relating directly and indirectly to speech on public college campuses, however, a finite answer as to what speech is accepted and not accepted is a debate still being argued today. This paper will help shed light on the subject, while also providing personal thought and contribution as to how speech cases and regulations should be viewed and analyzed. The conclusion, free speech has no definition, nor a narrow answer as to how public colleges should handle speech or how speech will be argued before the court. Free speech is still legally uncertain and legally contested space. This paper helps readers understand what free speech is and the standards and uncertainties that go along with it while providing insight along the way.

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Stricker, Frederick W. "Faith in the law reinterpretation of the free exercise clause, 1940-1993 /". Connect to online version, 1996. http://hdl.handle.net/1989/3565.

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Бушман, Ірина Олександрівна, Ирина Александровна Бушман, Iryna Oleksandrivna Bushman i І. С. Ніколенко. "Свобода слова - основа журналістської діяльності". Thesis, Видавництво СумДУ, 2007. http://essuir.sumdu.edu.ua/handle/123456789/17424.

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St, John Jeffrey E. "Matters of public concern : reconceptualizing the supreme court's threshold test for federal employee free speech /". Thesis, Connect to this title online; UW restricted, 2000. http://hdl.handle.net/1773/8236.

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Hickman, James Robert. "Framing and the End of Operation Iraqi Freedom". Scholar Commons, 2011. http://scholarcommons.usf.edu/etd/3148.

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The purpose of this qualitative framing study is to analyze the dominant frames that were reflected in the news coverage of two separate Presidential speeches marking the proposed cessation of combat operations in Operation Iraqi Freedom. In order to determine which frames emerged in the coverage of each speech, a content analysis of 105 thesiss from 4 national newspapers was conducted. Analysis included the week preceding and the week following each speech in an effort to capture the immediate coverage surrounding each address. The findings suggest that the dominate frames utilized were the economic consequences frame, the responsibility frame and the human interest frame. The use of these three frames demonstrates that the press finds comfort in using previously identified frames in its coverage of key events. While there were specific incidents where press coverage veered from the narrative depicted by each presidential administration, these can be viewed as the exception rather than the norm. Beyond these 105 thesiss, the results of this study cannot be generalized, but they can be viewed as an exemplar of the media's view of these presidential addresses.

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Tjäder, Henriette. "Citizens as Censors : Understanding the Limits of Free Speech in India". Thesis, Uppsala universitet, Teologiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-294949.

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This thesis aims to provide an understanding of the phenomenon of citizen censorship in India and its implications for free speech. It is especially concerned with public protests where groups of citizens demand government action in order to ban or censor controversial material. These groups tend to invoke feelings of offense or hurt religious sentiments as a justification for restriction. The point of departure of this thesis is research on social movement outcomes and the history of Indian censorship. A quantitative approach is adopted, which includes data of protest events from 2010 to 2015. The author will demonstrate that restrictions on free speech coincide with protest events in three out of ten cases. A shorter case study of the controversy surrounding the film Vishwaroopam provides a concrete example of the dynamics of citizen censorship and aims to highlight some aspects that might have affected protest outcomes. Ultimately, the author concludes that protests are likely to be influential for restrictions on free speech, and that the role of the citizen as censor should not be ignored.

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Boode, Gabriella. "Svensk yttrandefrihet i ett EU-perspektiv : - Hur svenska medborgare kan komma att få ett svagare meddelarskydd och ensamansvar ioch med EG-rättens konflikt med svensk grundlag vid grundlagsregleringen 2010". Thesis, Uppsala University, Media and Communication, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-106881.

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AbstractTitle: Swedish freedom of speech compared to european freedom of speechNumber of pages: 57Author: Gabriella BoodeTutor: Göran SvenssonCourse: Media and Communication Studies CPeriod: Spring 2009University: Division of Media and Communication, Department of Information Science,Uppsala UniversityPurpose/Aim: The purpose with the dissertation is to see if there has been a limitation inSwedish freedom of speech since parts of the European union laws is superiour to theSwedish constitution as freedom of the press regulations and freedom of speech constitution.A more narrow purpose is to find out how the specific Swedish rights such as individual’slegal right to publish information are influenced by the European union laws and are superiorto the freedom of the press regulations and freedom of speech constitutionThe survey will also try to find out the effectiveness with the Lisbon Strategy ‘s emergencybrake and its purpose to protect the Swedish freedom of the press regulations and freedom ofspeech constitution. How big is the difference between the different member states concerningthe protection of the freedom of speech?Material/Method: The data collected for this thesis is retrieved through personal interviewswith representives from experts with in the field as Uppsala University and the SwedishGovernent.Main results: It is obvious that Sweden has the strongest protection of freedom of speechcomparing to the other EU member states. No other EU country has as detailed constitution asthe Swedish constitution TF and YGL. Comparing the Swedish meddelarfrihet to theEuropean the Swedish is the most protective concerning meddelarfrihet. This may be ofimportance for the individual standing outside of the professional market. It is most importantto the informant since they because of the ensamansvaret in the Swedish rules otherwisewould be left with no answers (with some exeptions). There was criticism to the brakeNödbromsen, considered being not efficient enough and that it was only politics since onlytop level could decide whether to accept an issue or not in different countries. Because of thatthe brake should be a rather bad protection for the Swedish freedom of speech.Keywords: Swedish freedom of speech, European freedom of speech

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Mohd, Sani Mohd Azizuddin Bin. "Social responsibility' and the theory and practice of freedom of political speech in Malaysia". Thesis, Keele University, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.436194.

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Barison, Laura <1997&gt. "Hate speech in international law: searching for the complex balance with freedom of expression". Master's Degree Thesis, Università Ca' Foscari Venezia, 2022. http://hdl.handle.net/10579/21309.

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L’elaborato si propone di analizzare il concetto di Hate Speech (Discorso d’odio) dal punto di vista giuridico, nello specifico nel diritto internazionale, e la sua punibilità. Nonostante non esista una definizione condivisa del concetto di Hate Speech, il termine si usa generalmente in riferimento all’insieme delle forme di espressione che diffondono, incitano o giustificano forme di odio e ostilità basate sull’intolleranza e la discriminazione. L’analisi parte da un approfondimento degli strumenti di diritto internazionale che ad oggi permettono di limitare o punire alcune forme specifiche di espressione, basandosi sulle convenzioni internazionali e sulla case law dei principali attori regionali. Nel secondo capitolo, l’analisi si concentra sulle principali aree critiche relative alla punibilità dei casi di Hate Speech, ovvero il contrasto con il diritto alla libertà di espressione, il problema dell’Hate Speech online e i principali bias individuabili nell’applicazione delle norme correnti. In ultimo, il terzo capitolo analizza tre casi concreti di norme o approcci nazionali al problema.

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Reynolds, Amy. "Emancipation and expression : how abolitionists helped define free speech in the early nineteenth century /". Digital version accessible at:, 1998. http://wwwlib.umi.com/cr/utexas/main.

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Boggs, Teresa J. "The First Amendment rights of high school students and their student newspapers". Morgantown, W. Va. : [West Virginia University Libraries], 2005. https://eidr.wvu.edu/etd/documentdata.eTD?documentid=4143.

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Paton, Elizabeth Katrine. "Privacy law and the media". Thesis, University of British Columbia, 1990. http://hdl.handle.net/2429/28826.

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This thesis explores the issue of how to reconcile the value of individual privacy with that of freedom of speech. It argues that there ought to be legal protection against invasion of privacy by the media, and that such protection should be seen as complementary to a system of free expression rather than opposed to such a system. A definition of privacy is outlined which, it is contended, meets the criteria for a coherent, neutral definition. Various reasons for valuing privacy and in favour of protecting the individual's reasonable expectations of privacy are identified. It is argued that lack of precision in the normative realm, in defining with certainty when privacy is invaded, should not be an excuse for leaving the individual without legal protection. There follows an examination of the protection of privacy against media incursions in English, New Zealand, Australian and Canadian law, other than the coincidental protection afforded by certain common law actions. There has been significant judicial and legislative recognition of the need to safeguard privacy interests, and many interesting developments in recent years are discussed. However, none of the countries considered has yet developed effective recourse for victims of unwarranted and invasive publications. It is argued that the relationship between privacy and free speech has been wrongly conceptualised, and that in fact both interests serve the same underlying set of values. Problems arise when privacy and free speech interests are balanced in the abstract rather than in context, and when a simplistic view of press freedom is adopted in disregard of the realities of the modern mass media. Invasive publications generally do not significantly advance free speech interests unless they help to provide the information needed for public decision-making. Furthermore, this information can in many cases be conveyed without detriment by withholding details which disclose identity. A three-step test is proposed to determine whether privacy and free speech interests can be reconciled without compromise to either of them, or whether it is necessary to balance these interests in the context of the case. It will also be maintained that a contextual approach is preferable to the adoption of categories such as "public figures" and "public places". These concepts tend to be misleading, and should be eschewed as analytical tools, since they confuse important questions which require separate analysis.
Law, Peter A. Allard School of
Graduate

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Munn, Marion Alison. "Religious freedom versus children's rights| Challenging media framing of Short Creek, 1953". Thesis, The University of Utah, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=1556146.

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The media’s ability to frame a news story, or to slant it in a particular direction and thereby shape public perceptions, is a powerful tool with implications for material effects in society. In this thesis, a Multimodal Critical Discourse Analysis of the words and photographic images used in the framing of Life magazine’s September 14, 1953 article, “The Lonely Men of Short Creek,” is combined with contextualization of the story within the historical, sociological, and regional settings that may have affected its ideological content. This provides insights into Life’s editorial perspectives and potential audience response. “The Lonely Men of Short Creek” is an account that some writers have suggested contributed to a laissez-faire attitude towards the polygamist community of Short Creek, Arizona, in which a failure to enforce state laws allowed child sexual abuse to continue unhindered there for the next half century. This analysis of Life’s account demonstrates its overall sympathetic framing of Short Creek in 1953, particularly of male community members, and the construction of a narrative with significant absences and misrepresentations that obscured or concealed darker themes. Life’s construct has in certain aspects been replicated today in what some consider to be the “definitive” account of the story, which repeats a persistent tale of religious persecution, compromised constitutional rights, and an overbearing state’s “kidnap” of the children of an apparently innocent and harmless rural polygamist community. Such a narrative has deflected attention from an alternative frame—that of a community charged with multiple crimes, including the statutory rape of children manipulated by adults within a religious ideology that demanded plural “wives.” This thesis contends that in 1953, these children were overlooked, or ignored in a fog of often taken-for-granted US national ideologies and editorial perspectives relating to religious freedom and the “sacred” nature of the family in the post-Korean War and Cold War era. Such findings raise questions about the ethics of partisan framing of news stories in which alleged victims are implicated, acceptable limits of religious and family rights, and the often un-interrogated national ideologies sometimes used to justify harmful or criminal behaviors.

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Flowers, Shawn Marvin. "Pre-trial publicity: free speech versus fair trial". University of the Western Cape, 2017. http://hdl.handle.net/11394/5672.

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Magister Legum - LLM
News coverage of high profile criminal matters has increased in South Africa. Such matters are of public concern, as every citizen has a right to receive and impart information and to debate openly and frankly matters which are of public concern, including matters before the courts. The legitimacy of the courts is dependent on robust media reportage and public scrutiny of judicial matters which such reportage stimulates. However, criminal trials of high profile accused persons such as Oscar Pistorius, Shrien Dewani and J Arthur Brown, turn easily into a show with strong entertainment value, giving the media strong profitmaking reasons to cover it. In their pursuit of profit and in seeking to satisfy the curiosity of their readers, listeners or viewers, the media regularly resort to trial by media or adverse pre-trial publicity. Trial by media is nothing more than commercially motivated expression which does not warrant constitutional protection. At the receiving end of such coverage are accused persons. Public censure of crime and of accused persons which follows trial by media should not be imposed on the innocent. The right to a fair trial requires that an accused be treated fairly from the inception of the criminal process, from which point the person suspected of committing the crime in question is considered innocent. Any pre-trial process which implies that the accused is guilty, including any such process influenced by media reports surrounding criminal offences, violates the presumption of innocence. Despite the availability of remedies, the media in South Africa usually are not held to account for their actions and persist with adverse, biased and irresponsible pre-trial reporting. Courts have shown a tendency to protect the media in these cases, despite the effect of such reporting on the judicial process, the administration of justice and the fair trial rights of accused persons. The reason for this is usually the hesitation on the part of judges to recognise their susceptibility to extraneous matters. Judges should not be placed in a position where their independence and impartiality are questioned as a result of media sensationalism. Where the media create mistrust in the integrity of the judiciary, the rule of law is in peril.

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Case, Erik S. Sahliyeh Emile F. "State level causes of terrorism limits on political expression /". [Denton, Tex.] : University of North Texas, 2009. http://digital.library.unt.edu/ark:/67531/metadc12092.

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