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Free Speech and Human Dignity by Steven J. Heyman Pdf
Debates over hate speech, pornography, and other sorts of controversial speech raise issues that go to the core of the First Amendment. Supporters of regulation argue that these forms of expression cause serious injury to individuals and groups, assaultin
The Oxford Handbook of Freedom of Speech by Adrienne Stone,Frederick Schauer Pdf
Freedom of speech is central to the liberal democratic tradition. It touches on every aspect of our social and political system and receives explicit and implicit protection in every modern democratic constitution. It is frequently referred to in public discourse and has inspired a wealth of legal and philosophical literature. The liberty to speak freely is often questioned; what is the relationship between this freedom and other rights and values, how far does this freedom extend, and how is it applied to contemporary challenges? The Oxford Handbook on Freedom of Speech seeks to answer these and other pressing questions. It provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law. In doing so, it examines freedom of speech in a variety of national and supra-national settings from an international perspective. Compiled by a team of renowned experts in the field, this handbook features original essays by leading scholars and theorists exploring the history, legal framework and controversies surrounding this tennet of the democratic constitution.
Every liberal democracy has laws or codes against hate speech—except the United States. For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities. Causing offense—by depicting a religious leader as a terrorist in a newspaper cartoon, for example—is not the same as launching a libelous attack on a group’s dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home. Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.
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.
A bold, groundbreaking argument by a world-renowned expert that unless we treat free speech as the fundamental human right, there can be no others. What are human rights? Are they laid out definitively in the UN’s Universal Declaration of Human Rights or the US Bill of Rights? Are they items on a checklist—dignity, justice, progress, standard of living, health care, housing? In The Most Human Right, Eric Heinze explains why global human rights systems have failed. International organizations constantly report on how governments manage human goods, such as fair trials, humane conditions of detention, healthcare, or housing. But to appease autocratic regimes, experts have ignored the primacy of free speech. Heinze argues that goods become rights only when citizens can claim them publicly and fearlessly: free speech is the fundamental right, without which the very concept of a “right” makes no sense. Heinze argues that throughout history countless systems of justice have promised human goods. What, then, makes human rights different? What must human rights have that other systems have lacked? Heinze revisits the origins of the concept, exploring what it means for a nation to protect human rights, and what a citizen needs in order to pursue them. He explains how free speech distinguishes human rights from other ideas about justice, past and present.
Freedom of speech is never very far away from political controversy. In recent years, the rise of populism, the ‘cancel culture’ phenomenon, and online hate attacks are among the developments that have kept it at the forefront of both public and academic discussion. In this new introduction to the subject, Matteo Bonotti and Jonathan Seglow offer an accessible analysis of debates around freedom of speech. They introduce and critically examine three major philosophical arguments for freedom of speech that are based on the values of truth, autonomy, and democracy. They apply these arguments to issues including hate speech, offensive speech, and pornography, and also tackle pressing current issues such as ‘fake news’ and public shaming. This book will be essential for anyone wishing to understand the contemporary significance and philosophical roots of free speech, and how it relates to debates about democracy, feminism and multiculturalism.
Author : Wolfgang Benedek,Matthias C. Kettemann Publisher : Council of Europe Page : 240 pages File Size : 54,7 Mb Release : 2020-09-08 Category : Political Science ISBN : 9789287187024
Freedom of expression and the internet by Wolfgang Benedek,Matthias C. Kettemann Pdf
An invaluable resource for students of law, politics, international relations and technology as well as for diplomats and civil society actors, this publication demonstrates how the Council of Europe contributes to ensuring that everyone’s voice online can be heard. This is key to sustainable, human rights oriented and people-centred digitalisation. Human rights matter on the internet. Without freedom of expression, people cannot participate in everything that the information society has to offer. Yet online free speech is in danger. Between state laws, private rules and algorithms, full participation in the online communicative space faces many challenges. This publication explores the profound impact of the internet on free expression and how it can be effectively secured online. The second, updated edition of this introduction into the protection of freedom of expression online answers essential questions regarding the extent and limits of freedom of expression online and the role of social networks, courts, states and organisations in online communication spaces. In clear language, with vivid examples spanning two decades of internet law, the authors answer questions on freedom of expression in cyberspace. Addressing issues from the protection of bloggers to the right to access online information, the publication also shows the importance of the standard-setting, monitoring and promotion activities of international and non-governmental organisations and includes a chapter on relevant national practice. It pays special attention to the role of European human rights law and the Council of Europe as this region’s most important human rights organisation.
Countering online hate speech by Gagliardone, Iginio,Gal, Danit,Alves, Thiago,Martinez, Gabriela Pdf
The opportunities afforded by the Internet greatly overshadow the challenges. While not forgetting this, we can nevertheless still address some of the problems that arise. Hate speech online is one such problem. But what exactly is hate speech online, and how can we deal with it effectively? As with freedom of expression, on- or offline, UNESCO defends the position that the free flow of information should always be the norm. Counter-speech is generally preferable to suppression of speech. And any response that limits speech needs to be very carefully weighed to ensure that this remains wholly exceptional, and that legitimate robust debate is not curtailed.
The Constitution of Rights by Michael J. Meyer,William Allan Parent Pdf
This volume presents essays on the place of "dignity" or "human dignity" in the moral and juridical universe of the U.S. Constitution. It is dedicated to William J. Brennan, Jr., whose tenure as a Supreme Court associate justice marks the high point of efforts to include the idea of dignity as "implicit in the scheme of ordered liberty" that is part "of the deepest held conviction of a civilized people." The essays are of two kinds: efforts to define human dignity, or studies of human dignity as a principle in the structure of liberty found in the Bill of Rights and the Civil War amendments. The essays argue for the recognition of the idea of dignity as part of the very foundation of the constitution of rights, liberties, and obligations celebrated in the 1991 bicentennial of the Bill of Rights. An exception is a vintage piece by Raoul Berger, in which he rejects Brennan's approach to constitutional interpretation. ISBN 0-8014-2650-2: $32.50.
Every liberal democracy has laws or codes against hate speech, except the United States. For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, the author argues that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities. Causing offense, by depicting a religious leader as a terrorist in a newspaper cartoon, for example, is not the same as launching a libelous attack on a group's dignity, according to the author, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home. Free-speech advocates boast of despising what racists say but defending to the death their right to say it. The author finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, he asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.
European and US Constitutionalism by Georg Nolte Pdf
European constitutionalism is not merely an intra-European phenomenon but it can also be compared to other major forms of constitutionalism. Over the past decade or so issues have emerged which seem to indicate that European constitutional theory and practice is becoming aware that it has developed certain rules and possesses certain characteristics which distinguish it from US constitutionalism and vice versa. This book explores whether such differences can be found in the five areas of 'freedom of speech', 'human dignity', 'duty to protect', 'adjudication' and 'democracy and international influences'. The authors of this book are constitutional scholars from Europe and the United States as well as from other constitutional states, such as Canada, Israel, Japan, Peru and South Africa.
Media Freedom and Pluralism by Beata Klimkiewicz Pdf
Addresses a critical analysis of major media policies in the European Union and Council of Europe at the period of profound changes affecting both media environments and use, as well as the logic of media policy-making and reconfiguration of traditional regulatory models. The analytical problem-related approach seems to better reflect a media policy process as an interrelated part of European integration, formation of European citizenship, and exercise of communication rights within the European communicative space. The question of normative expectations is to be compared in this case with media policy rationales, mechanisms of implementation (transposing rules from EU to national levels), and outcomes.
