Social Media Fundamental Rights And Courts

Author : Federica Casarosa,Evangelia Psychogiopoulou
Publisher : Unknown
Page : 0 pages
File Size : 42,5 Mb
Release : 2023
Category : Social media
ISBN : 1032074698

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Social Media, Fundamental Rights and Courts by Federica Casarosa,Evangelia Psychogiopoulou Pdf

"This volume examines European and national higher court decisions on social media from the perspective of fundamental rights and judicial dialogue. While the challenges social media poses for public policy and regulation have been widely discussed, the role of courts in this evolving legal area, especially from a fundamental rights standpoint, has hitherto remained largely underexplored. This volume probes the contribution of national and European judiciaries to the protection of fundamental rights in a social media setting and delves into patterns of dialogue and interaction between domestic courts, the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR), and between the CJEU and the ECtHR. The book specifically examines the extent and ways in which national and European judges incorporate fundamental rights reasoning in their social media rulings. It also investigates the nature and breadth of the use of European supranational case law in domestic judicial assessment, and analyses the engagement of the CJEU and the ECtHR with the other's case law. In doing so, the book instils jurisprudential dynamics into the study of social media law and regulation, exploring in particular the effects of European constitutionalism on the shaping and enforcement of fundamental rights in a social media context. Written by emerging and established experts in the field, this book will be essential reading for scholars of comparative, European and constitutional law, as well as those with a particular interest in digital technologies and social media"--

Author : Federica Casarosa,Evangelia Psychogiopoulou
Publisher : Taylor & Francis
Page : 226 pages
File Size : 43,6 Mb
Release : 2023-06-23
Category : Law
ISBN : 9781000895995

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Social Media, Fundamental Rights and Courts by Federica Casarosa,Evangelia Psychogiopoulou Pdf

This volume examines European and national higher-court decisions on social media from the perspective of fundamental rights and judicial dialogue. While the challenges social media poses for public policy and regulation have been widely discussed, the role of courts in this evolving legal area, especially from a fundamental-rights standpoint, has hitherto remained largely underexplored. This volume probes the contribution of national and European judiciaries to the protection of fundamental rights in a social media setting and delves into patterns of dialogue and interaction between domestic courts, the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR), and between the CJEU and the ECtHR. The book specifically examines the extent and ways in which national and European judges incorporate fundamental rights reasoning in their social media rulings. It also investigates the nature and breadth of the use of European supranational case law in domestic judicial assessment and analyses the engagement of the CJEU and the ECtHR with the other’s case law. In doing so, the book instils jurisprudential dynamics into the study of social media law and regulation, exploring in particular the effects of European constitutionalism on the shaping and enforcement of fundamental rights in a social media context. Written by emerging and established experts in the field, this book will be essential reading for scholars of comparative, European and constitutional law, as well as those with a particular interest in digital technologies and social media.

Author : Valerie C. Brannon
Publisher : Independently Published
Page : 50 pages
File Size : 50,9 Mb
Release : 2019-04-03
Category : Law
ISBN : 1092635157

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Free Speech and the Regulation of Social Media Content by Valerie C. Brannon Pdf

As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 51,7 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.

Author : Emmett Macfarlane
Publisher : University of Toronto Press
Page : 331 pages
File Size : 40,5 Mb
Release : 2021-11-08
Category : Freedom of expression
ISBN : 9781487529307

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Dilemmas of Free Expression by Emmett Macfarlane Pdf

Free expression is under threat. Social media and fake news, misinformation, and disinformation have prompted governments to propose new forms of regulation that are deeply challenging to free expression. Hate speech, far-right populism, campus speech debates, and censorship consistently make headlines in Canada and abroad. Dilemmas of Free Expression offers forward-looking appraisals of ways to confront challenging moral issues, policy problems, and controversies that pay heed to the fundamental right to free expression. The essays in this volume offer timely analyses of the law, policy, and philosophical challenges, and social repercussions to our understanding of expressive freedom in relation to government obligations and public discourse. Free expression and its limits are multifaceted, deeply complex, inherently values-based, and central to the ability of a society to function. Dilemmas of Free Expression addresses the challenges of limiting free expression across a host of issues through an analyses by leading and emerging voices in a number of disciplines, including political science, law, philosophy, and Indigenous studies.

Author : Psychogiopoulou, Evangelia,de la Sierra, Susana
Publisher : Edward Elgar Publishing
Page : 231 pages
File Size : 40,5 Mb
Release : 2022-09-06
Category : Law
ISBN : 9781802203004

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Digital Media Governance and Supranational Courts by Psychogiopoulou, Evangelia,de la Sierra, Susana Pdf

This timely book untangles the digital media jurisprudence of supranational courts in Europe with a focus on the CJEU and the ECtHR. It argues that in the face of regulatory tension and uncertainty, courts can have a strong bearing on the applicable rules and standards of digital media.

Author : Maja Brkan,Evangelia Psychogiopoulou
Publisher : Edward Elgar Publishing
Page : 272 pages
File Size : 42,6 Mb
Release : 2017-05-26
Category : Electronic
ISBN : 9781784718718

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Courts, Privacy and Data Protection in the Digital Environment by Maja Brkan,Evangelia Psychogiopoulou Pdf

Through critical analysis of case law in European and national courts, this book reveals the significant role courts play in the protection of privacy and personal data within the new technological environment. It addresses the pressing question from a public who are increasingly aware of their privacy rights in a world of continual technological advances – namely, what can I do if my data privacy rights are breached?

Author : Council of Europe
Publisher : Council of Europe
Page : 220 pages
File Size : 54,7 Mb
Release : 2011-01-01
Category : Social Science
ISBN : 928717198X

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Human Rights and a Changing Media Landscape by Council of Europe Pdf

The media play a crucial role in the protection of human rights. They expose human rights violations and offer an arena for different voices to be heard in public discourse. Free, independent and pluralistic media are a core element of any democracy. However, the power of the media can also be misused to the extent that the very functioning of democracy is threatened. Some media outlets have been turned into propaganda megaphones for those in power. Others have been used to incite xenophobic hatred and violence against minorities and other vulnerable groups. Now the phenomenon of social media presents us with a range of fresh challenges. Blogs, video and social networking sites have become a key forum for political debate and organisation - so much so that they have provoked counter-responses from some repressive states. While there is a need to ensure better protection of personal integrity in social media, the right to freedom of expression must not be undermined. The purpose of this publication is to contribute to a more thorough discussion on media developments and their impact on human rights in a constantly changing media landscape. Eight experts were invited to contribute their personal assessments of trends and problems. They have not shied away from addressing controversial issues or providing far-reaching suggestions. Together their texts indicate that there is a need for stronger protection of media freedom and freedom of expression in Europe today. These are clearly topics of paramount importance which demand serious public debate.

Author : Stephen Breyer
Publisher : Vintage
Page : 290 pages
File Size : 52,8 Mb
Release : 2010-09-14
Category : Political Science
ISBN : 9780307594266

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Making Our Democracy Work by Stephen Breyer Pdf

The Supreme Court is one of the most extraordinary institutions in our system of government. Charged with the responsibility of interpreting the Constitution, the nine unelected justices of the Court have the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court’s decisions as legitimate and follow them, even when those decisions are highly unpopular? What must the Court do to maintain the public’s faith? How can the Court help make our democracy work? These are the questions that Justice Stephen Breyer tackles in this groundbreaking book. Today we assume that when the Court rules, the public will obey. But Breyer declares that we cannot take the public’s confidence in the Court for granted. He reminds us that at various moments in our history, the Court’s decisions were disobeyed or ignored. And through investigations of past cases, concerning the Cherokee Indians, slavery, and Brown v. Board of Education, he brilliantly captures the steps—and the missteps—the Court took on the road to establishing its legitimacy as the guardian of the Constitution. Justice Breyer discusses what the Court must do going forward to maintain that public confidence and argues for interpreting the Constitution in a way that works in practice. He forcefully rejects competing approaches that look exclusively to the Constitution’s text or to the eighteenth-century views of the framers. Instead, he advocates a pragmatic approach that applies unchanging constitutional values to ever-changing circumstances—an approach that will best demonstrate to the public that the Constitution continues to serve us well. The Court, he believes, must also respect the roles that other actors—such as the president, Congress, administrative agencies, and the states—play in our democracy, and he emphasizes the Court’s obligation to build cooperative relationships with them. Finally, Justice Breyer examines the Court’s recent decisions concerning the detainees held at Guantánamo Bay, contrasting these decisions with rulings concerning the internment of Japanese-Americans during World War II. He uses these cases to show how the Court can promote workable government by respecting the roles of other constitutional actors without compromising constitutional principles. Making Our Democracy Work is a tour de force of history and philosophy, offering an original approach to interpreting the Constitution that judges, lawyers, and scholars will look to for many years to come. And it further establishes Justice Breyer as one of the Court’s greatest intellectuals and a leading legal voice of our time.

Author : Nathaniel Persily,Joshua A. Tucker
Publisher : Cambridge University Press
Page : 365 pages
File Size : 40,8 Mb
Release : 2020-09-03
Category : Business & Economics
ISBN : 9781108835558

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Social Media and Democracy by Nathaniel Persily,Joshua A. Tucker Pdf

A state-of-the-art account of what we know and do not know about the effects of digital technology on democracy.

Author : Lisa Taylor,Cara-Marie O’Hagan
Publisher : University of Toronto Press
Page : 290 pages
File Size : 48,5 Mb
Release : 2017-01-01
Category : Electronic books
ISBN : 9781487520243

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The Unfulfilled Promise of Press Freedom in Canada by Lisa Taylor,Cara-Marie O’Hagan Pdf

Canadian news reports are riddled with accounts of Access to Information requests denied and government reports released with large swaths of content redacted. The Unfulfilled Promise of Press Freedom in Canada offers a vast array of viewpoints that critically analyze the application and interpretation of press freedom under the Charter of Rights. This collection, assiduously put together by editors Lisa Taylor and Cara-Marie O'Hagan, showcases the insights of leading authorities in law, journalism, and academia as well as broadcasters and public servants. The contributors explore the ways in which press freedom has been constrained by outside forces, like governmental interference, threats of libel suits, and financial constraints. These intersectional and multifaceted lines of inquiry provide the reader with a 360-degree assessment of press freedom in Canada while discouraging complacency among Canadian citizens. After all, an informed citizenry is a free citizenry.

Author : Canada
Publisher : Unknown
Page : 0 pages
File Size : 44,6 Mb
Release : 1996
Category : Civil rights
ISBN : OCLC:49089791

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The Constitution Act, 1982 by Canada Pdf

Author : Susan Grantham,Mark Pearson
Publisher : Routledge
Page : 199 pages
File Size : 48,6 Mb
Release : 2021-09-14
Category : Business & Economics
ISBN : 9781000440874

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Social Media Risk and the Law by Susan Grantham,Mark Pearson Pdf

Social media has many advantages for professional communication – but it also carries considerable risks, including legal pitfalls. This book equips students and communication professionals with the knowledge and skills to help minimise the risks that can arise when they post or host on social media. It offers them strategies for taking advantage of the opportunities of social media while also navigating the ethical, legal, and organisational risks that can lead to audience outrage, brand damage, expensive litigation and communication crises. The book uses stakeholder theory and risk analysis tools to anticipate, identify, address and balance these opportunities and risks. It takes a global approach to risk and social media law, drawing on fascinating case studies from key international jurisdictions to explain and illustrate the basic principles. Whether you are a corporate communicator, social media manager, journalist, marketer, blogger or student you will find this book an essential addition to your professional library as the first reference point when social media and legal risks arise.

Author : Alfredo Narváez Medécigo
Publisher : Springer
Page : 262 pages
File Size : 46,7 Mb
Release : 2015-11-07
Category : Law
ISBN : 9783319245621

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Rule of Law and Fundamental Rights by Alfredo Narváez Medécigo Pdf

This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review ― and thus the ‘law’ as such ― and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction.

Author : Jennifer E. Rothman
Publisher : Harvard University Press
Page : 236 pages
File Size : 47,9 Mb
Release : 2018-05-01
Category : Law
ISBN : 9780674986350

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The Right of Publicity by Jennifer E. Rothman Pdf

Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.