Counter Terrorism Laws And Freedom Of Expression

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Counter-Terrorism Laws and Freedom of Expression

Téwodros Workneh,Paul Haridakis
Counter Terrorism Laws and Freedom of Expression Book PDF

Author : Téwodros Workneh,Paul Haridakis
Publisher : Rowman & Littlefield
Page : 409 pages
File Size : 48,8 Mb
Release : 2021-06-22
Category : Political Science
ISBN : 9781793622174

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Counter-Terrorism Laws and Freedom of Expression by Téwodros Workneh,Paul Haridakis Pdf

As nations have aggressively implemented a wide range of mechanisms to proactively curb potential threats terrorism, Counter-Terrorism Laws and Freedom of Expression: Global Perspectives offers critical insight into how counter-terrorism laws have adversely affected journalism practice, digital citizenship, privacy, online activism, and other forms of expression. While governments assert the need for such laws to protect national security, critics argue counter-terrorism laws are prone to be misappropriated by state actors who use such laws to quash political dissent, target journalists, and restrict other forms of citizen expression. The book is divided into three parts. Part I deals with the politics and discourse of counter-terrorism laws. Part II focuses on the ways counter-terrorism laws have impacted journalistic practice in different countries, with effects ranging from imprisonment of reporters to self-censorship. Part III addresses how counter-terrorism laws have been used to target everyday citizens, social media activists, whistleblowers, and human rights advocates around the world. Together, the chapters address how counter-terrorism laws have undermined democratic values in both authoritarian and liberal political contexts. Scholars of political science, communication, and legal studies will find this book particularly interesting.

Extremism, Free Speech and Counter-Terrorism Law and Policy

Ian Cram
Extremism Free Speech and Counter Terrorism Law and Policy Book PDF

Author : Ian Cram
Publisher : Routledge
Page : 216 pages
File Size : 53,6 Mb
Release : 2019-03-25
Category : Political Science
ISBN : 9780429889721

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Extremism, Free Speech and Counter-Terrorism Law and Policy by Ian Cram Pdf

This edited collection addresses a number of free speech vs security concerns that are engaged by counter-terrorism law and policy makers across a number of liberal democracies, and explores the delicate balance between free speech and the censoring of views that promote hatred or clash with fundamental democratic values. It does this by looking at the perspectives and level of disagreement between those who consider today’s counter-terrorism and extremism strategies to be a soft and liberal approach, and those who believe these strategies disproportionately impact freedom of expression and association and non-violent political dissent. The contributors include academics, practicing lawyers, and think-tank analysts who examine whether universities and schools incubators of violent radicalism and debate, and whether the views of ‘extremist’ speakers and hate preachers need to be censored. Outside the UK, critical discussion of the regulation of counter-terrorism, extremism, and free speech in other liberal democracies is also offered. This book will be of great interest to researchers and practitioners with interests in extremism, terrorism, civil rights, and freedom of speech.

Virtual Freedoms, Terrorism and the Law

Giovanna De Minico,Oreste Pollicino
Virtual Freedoms Terrorism and the Law Book PDF

Author : Giovanna De Minico,Oreste Pollicino
Publisher : Routledge
Page : 402 pages
File Size : 42,9 Mb
Release : 2021-02-15
Category : Law
ISBN : 9781000179774

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Virtual Freedoms, Terrorism and the Law by Giovanna De Minico,Oreste Pollicino Pdf

This book examines the risks to freedom of expression, particularly in relation to the internet, as a result of regulation introduced in response to terrorist threats. The work explores the challenges of maintaining security in the fight against traditional terrorism while protecting fundamental freedoms, particularly online freedom of expression. The topics discussed include the clash between freedom of speech and national security; the multijurisdictional nature of the internet and the implications for national sovereignty and transnational legal structures; how to determine legitimate and illegitimate association online; and the implications for privacy and data protection. The book presents a theoretical analysis combined with empirical research to demonstrate the difficulty of combatting internet use by terror organizations or individuals and the range of remedies that might be drawn from national and international law. The work will be essential reading for students, researchers and policy makers in the areas of Constitutional law; Criminal Law, European and International law, Information and Technology law and Security Studies.

Terror and the War on Dissent

Ian Cram
Terror and the War on Dissent Book PDF

Author : Ian Cram
Publisher : Springer Science & Business Media
Page : 179 pages
File Size : 50,9 Mb
Release : 2009-06-29
Category : Political Science
ISBN : 9783642006371

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Terror and the War on Dissent by Ian Cram Pdf

Located within wider debates about ‘security versus liberty’ in our post 9/11 world, the book analyses the new landscape of UK counter terrorism powers and offences and focuses upon the deleterious consequences of the so-called ‘war on terror’ on freedom of political expression and association. Questioning the compatibility of recent speech-limiting measures with liberalism’s established commitment to free speech and international human rights norms, the book takes a critical look at new powers to proscribe ‘extremist’ political parties, possession offences and other criminal controls (eg. Official Secrets Act prosecutions) as well as new offences such as ‘glorification’ of terrorism. Less visible, extra-legal forms of censorship are also evaluated. The monograph concludes by asking how a more vigorous defence of unorthodox and unpopular forms of expression might be safeguarded in the UK.

Free Speech after 9/11

Katharine Gelber
Free Speech after 9 11 Book PDF

Author : Katharine Gelber
Publisher : Oxford University Press
Page : 200 pages
File Size : 53,5 Mb
Release : 2016-04-15
Category : Political Science
ISBN : 9780191083419

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Free Speech after 9/11 by Katharine Gelber Pdf

Although there has been a lot written about how counter-terrorism laws impact on human rights and civil liberties, most of this work has focussed on the most obvious or egregious kinds of human rights abrogation, such as extended detention, torture, and extraordinary rendition. Far less has been written about the complex ways in which Western governments have placed new and far-reaching limitations on freedom of speech in this context since 9/11. This book compares three liberal democracies - the United States, the United Kingdom and Australia, in particular showing the commonalities and similarities in what has occurred in each country, and the changes in the appropriate parameters of freedom of speech in the counter-terrorism context since 9/11, achieved both in policy change and the justification for that change. In all three countries much speech has been criminalized in ways that were considered anachronistic, or inappropriate, in comparable policy areas prior to 9/11. This is particularly interesting because other works have suggested that the United States' unique protection of freedom of speech in the First Amendment has prevented speech being limited in that country in ways that have been pursued in others. This book shows that this kind of argument misses the detail of the policy change that has occurred, and privileges a textual reading over a more comprehensive policy-based understanding of the changes that have occurred. The author argues that we are now living a new-normal for freedom of speech, within which restrictions on speech that once would have been considered aberrant, overreaching, and impermissible are now considered ordinary, necessary, and justified as long as they occur in the counter-terrorism context. This change is persistent, and it has far reaching implications for the future of this foundational freedom.

Free Speech in Fearful Times

Allan Manson,James Turk
Free Speech in Fearful Times Book PDF

Author : Allan Manson,James Turk
Publisher : Lorimer
Page : 348 pages
File Size : 40,6 Mb
Release : 2007-04
Category : Education
ISBN : UVA:X030103836

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Free Speech in Fearful Times by Allan Manson,James Turk Pdf

Following the events of 9/11, rashly conceived anti-terror laws were introduced that put civil liberties at risk. Free Speech in Fearful Times offers a unique perspective on how the laws created to "protect" us can actually harm us.

Incitement to Terrorism

Anne F. Bayefsky,Laurie R. Blank
Incitement to Terrorism Book PDF

Author : Anne F. Bayefsky,Laurie R. Blank
Publisher : BRILL
Page : 187 pages
File Size : 49,5 Mb
Release : 2018-03-22
Category : Law
ISBN : 9789004359826

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Incitement to Terrorism by Anne F. Bayefsky,Laurie R. Blank Pdf

Incitement to terrorism connects the dots between evil words and evil deeds. Hate precedes terror. History has already taught us that incitement to genocide and to crimes against humanity unchecked will inevitably bring devastation to humankind. Incitement is an affront to the dignity of its victims, and poses a dire threat to all people of good will. However, combating incitement to terrorism poses operational, constitutional and human rights challenges on many fronts, both domestically and internationally. What is incitement? Where should the line be drawn between protected speech and incitement that should be criminalized? Does war change the calculus of what are appropriate and lawful measures to contain and respond to such incitement? And, perhaps most challenging of all, how does social media and the nature of communication and engagement in today’s virtual world change or complicate how we think about and can respond to incitement?

Sedition and the Advocacy of Violence

Sarah Sorial
Sedition and the Advocacy of Violence Book PDF

Author : Sarah Sorial
Publisher : Routledge
Page : 236 pages
File Size : 55,5 Mb
Release : 2013-03-01
Category : Law
ISBN : 9781136639821

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Sedition and the Advocacy of Violence by Sarah Sorial Pdf

This book employs the theoretical framework of ‘speech act theory’ to analyse current legislative frameworks and cases pertaining to sedition or the advocacy of violence and the issue of freedom of speech. An analysis of the relation between speech and action offers a promising way of clarifying confusion over the contested status of speech, which advocates violence as a political strategy. This account reflects an understanding of philosophical issues about both the nature of freedom and speech and how these issues can be applied to concrete legal problems. This approach will shed new light on the problems of the sedition laws and how they might be remedied by providing a conceptual account of the nature of speech and its relation to action. On the basis of J.L Austin’s account of verdictive and exercitive speech acts, it is argued that while all speech acts are ‘conduct’ in a narrow sense, not all of them have the power to produce effects. This philosophical account will have legal consequences for how we classify speech acts deemed to be dangerous, or to cause harm. It also suggests that because speech can evoke or constitute action or conduct in certain circumstances, modern versions of sedition laws might in principle be defensible, but not in their current form. On the basis of this account, it is argued that the harms caused or constituted by speech can be located in the authority of the speaker. Sedition and Violence Against the State: Free Speech and Counter-Terrorism will be of interest to students and scholars of philosophy of law and legal theory.

Security and Liberty

James N. Irving,Nicholas Irving
Security and Liberty Book PDF

Author : James N. Irving,Nicholas Irving
Publisher : Unknown
Page : 0 pages
File Size : 51,6 Mb
Release : 2008
Category : Freedom of expression
ISBN : 0646496468

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Security and Liberty by James N. Irving,Nicholas Irving Pdf

"The subject areas covered by this book are international human rights law, Australian constitutional law and Australian federal criminal law. The book examines four selected provisions of the Commonwealth Criminal Code against the standards set by article 19 of the International Covenant on Civil and Political Rights to determine whether they breach Australia's international obligations to protect the right to freedom of expression."--Provided by publisher.

Protecting the right to freedom of expression under the European Convention on Human Rights

Bychawska-Siniarska, Dominika
Protecting the right to freedom of expression under the European Convention on Human Rights Book PDF

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 40,9 Mb
Release : 2017-08-04
Category : Political Science
ISBN : 8210379456XXX

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Protecting the right to freedom of expression under the European Convention on Human Rights by Bychawska-Siniarska, Dominika Pdf

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Counter-terrorism and the Prospects of Human Rights

Ipek Demirsu
Counter terrorism and the Prospects of Human Rights Book PDF

Author : Ipek Demirsu
Publisher : Springer
Page : 283 pages
File Size : 52,5 Mb
Release : 2017-06-13
Category : Political Science
ISBN : 9783319508023

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Counter-terrorism and the Prospects of Human Rights by Ipek Demirsu Pdf

This book offers a systematic analysis of how the interaction between language of security and language of rights produces policies which not only affect everyday functioning of democracy, but also redefine the understanding of sovereignty. Demirsu presents a rich theoretical framework and a novel methodological design, premised on a multi-method qualitative research that offers a comparative analysis of counter-terrorism and human rights in Turkey and the United Kingdom. While Part I offers an analysis of the evolution of these two key policy-areas in relation to each other, Part II presents the findings of the frame analysis of parliamentary debates, both concluding by mapping out cross-cutting patterns in these two cases. As a result, the author demonstrates in detail how discourse and policy-making are mutually constitutive from a comparative angle.

Counter-terrorism and human rights in the case law of the European Court of Human Rights

Ana Salinas de Frias
Counter terrorism and human rights in the case law of the European Court of Human Rights Book PDF

Author : Ana Salinas de Frias
Publisher : Council of Europe
Page : 461 pages
File Size : 55,8 Mb
Release : 2013-04-01
Category : Political Science
ISBN : 9789287177834

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Counter-terrorism and human rights in the case law of the European Court of Human Rights by Ana Salinas de Frias Pdf

Terrorism has become one of the major threats facing both states and the international community, in particular after the terrorist attacks in the United States, Madrid and London, which revealed a whole new scale and dimension of the phenomenon. An effective response is absolutely necessary; this response, however, cannot undermine democracy, human rights, the rule of law or the supreme values inherent to these principles.There is no universally agreed definition of "terrorism", nor is there an international Jurisdiction before which the perpetrators of terrorist crimes can be brought to account. The European Court of Human Rights is the first international Jurisdiction to deal with such a phenomenon. For many decades and through more than four hundred cases, it has elaborated a clear, integrated and articulated body of case law on responses to terrorism from a human rights and rule of law perspective. Thus, this is a handbook on counter-terrorism with a special focus on due respect for human rights and rule of law.This book compiles the doctrine laid down by the European Court of Human Rights in this field with a view to facilitating the task of adjudicators, legal officers, lawyers, international IGOs, NGOs, policy makers, researchers, victims and all those committed to fighting this scourge. The book presents a careful analysis of this body of case law and the general principles applicable to the fight against terrorism resulting from each particular case. It also includes a compendium of the main cases dealt with by the Strasbourg Court in this field and will prove to be a most useful guiding tool in the sensitive area of counter-terrorism and human rights.

Terrorism

David Lowe
Terrorism Book PDF

Author : David Lowe
Publisher : Routledge
Page : 310 pages
File Size : 49,9 Mb
Release : 2018-03-09
Category : Political Science
ISBN : 9781317219033

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Terrorism by David Lowe Pdf

Terrorism: Law and Policy provides a comprehensive socio-legal analysis of issues related to terrorist activity. Aimed at both undergraduate and postgraduate students, the book takes a comparative approach to the law related to terrorism in a number of states, mainly those in Europe, North America, Australia and New Zealand. Beginning with an examination of the background to various currently active terrorist groups, the book focuses on those groups which are currently active and which pose a threat to security, especially at the international level. The chapters take the reader through the legal definitions of terrorism contained in various states’ statutory provisions and examine how the courts have interpreted terrorism in those states’ jurisdictions. The main aim of any terrorist investigation is prevention and so the book examines the various statutory preventative measures that states have introduced and explores the legal issues surrounding surveillance, terrorism intelligence exchange, radicalisation, use of social media, quasi-criminal provisions, asset-freezing and the nexus between terrorist activity and organised crime. Bringing together a number of themes related to terrorism and security from a uniquely legal perspective, this book builds a comparative picture of the legal counter-terrorism interventions states are adopting to increase co-operation and adopt a more united approach in the face of the international terrorism threat.

Comparative Counter-Terrorism Law

Kent Roach
Comparative Counter Terrorism Law Book PDF

Author : Kent Roach
Publisher : Cambridge University Press
Page : 839 pages
File Size : 43,6 Mb
Release : 2015-07-23
Category : Law
ISBN : 9781316381090

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Comparative Counter-Terrorism Law by Kent Roach Pdf

Terrorism law is as international as it is regionally distinct and as difficult to define as it is essential to address. Given recent pressures to harmonize terrorism laws from international organizations like the United Nations Security Council, the Financial Action Task Force, and the Council of Europe, this book presents readers with an up-to-date assessment of terrorism law across the globe. Covering twenty-two jurisdictions across six continents, the common framework used for each chapter facilitates national comparisons of a range of laws including relevant criminal, administrative, financial, secrecy, and military laws. Recognizing that similar laws may yield different outcomes when transplanted into new contexts, priority of place is given to examples of real-world application. Including a thematic introduction and conclusion, this book will help to establish comparative counter-terrorism law as an emerging discipline crossing the boundaries of domestic and international law.

Freedom of Speech in International Law

Anonim
Freedom of Speech in International Law Book PDF

Author : Anonim
Publisher : Oxford University Press
Page : 481 pages
File Size : 52,6 Mb
Release : 2024-01-10
Category : Law
ISBN : 9780198899389

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Freedom of Speech in International Law by Anonim Pdf

Freedom of Speech in International Law charts the minimum protections for speech enshrined in international human rights law. It clarifies what the right to freedom of expression means under international law, identifies conflicts between law and state practice, and provides key recommendations as to how international standards should be interpreted, updated, and enforced. Each of the book's six chapters focusses on an area of the law that is being weaponized to silence the press or curtail freedom of expression. Chapters focus on insulting speech (including defamation and sedition laws), false speech (through misinformation or disinformation laws), hate speech, and speech affecting national security (in form of espionage/official secrets laws and terrorism laws). Each chapter outlines relevant state practice, identifies the conflicts that exist in international human rights law, and highlights areas for reform. Examples throughout the book demonstrate the legislative tools relied on by states to quash dissent - not just sedition, treason, and criminal insult laws that have traditionally targeted speech but, increasingly, terrorism, 'false news', and other vague laws to protect themselves against unflattering press. Recommendations at the end of each chapter aim to bridge the gap between practice and the legal obligations of both states and social media companies that have expressed voluntary adherence to the same standards. These recommendations build on existing standards, and have been endorsed by an esteemed group of experts from across the world, including the Media Freedom Coalition's High Level Panel of Legal Experts on Media Freedom.