The Boundaries Of Freedom Of Expression Order In American Democracy
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Author : Thomas R. Hensley Publisher : Kent State University Press Page : 420 pages File Size : 46,6 Mb Release : 2001 Category : History ISBN : 0873386922
The Boundaries of Freedom of Expression & Order in American Democracy by Thomas R. Hensley Pdf
On Monday, May 4th, 1970, members of the Ohio National Guard fired 61 rounds of bullets into the Kent State University students protesting about the invasion of Cambodia. This work develops the ideas of the first symposium on American democracy established to commemorate the tragedy.
The First Amendment is one of the most interesting, iconic, and vexing parts of the United States Constitution. Freedom of speech is a celebrated American right, yet there are bounds enforced in the interest of safety. This book explores the changing definitions and boundaries of free speech in democracies around the world and over time, compares current legal interpretations of free speech in the United States to those in other democratic nations, and asks readers to decide for themselves where the line should be drawn.
Freedom of Speech and Incitement against Democracy by David Kretzmer,Francine Kershman Hazan Pdf
Whilst the protection of political speech is essential to the preservation of a democratic legal order, events of political violence and assassinations highlight the need to rethink questions relating to the boundaries of free speech in a democratic society. To what extent should democratic countries committed to freedom of speech limit those forms of extreme speech that may be considered as incitements to violence? This is a question that has long divided academics and activists alike. It has become even more relevant today, with the recent rise of extreme right-wing parties in various European democracies. In this book, leading scholars of constitutional law, human rights and criminal law, from various countries with divergent philosophies on freedom of speech, address the question of whether we can, and should, regulate speech in order to protect democracy and, if so, how.
Freedom of Expression in a Diverse World by Deirdre Golash Pdf
The essays in this volume consider issues at the intersection of freedom of expression and racial, cultural, and gender diversity. The claims of those whose cultures and beliefs differ from our own are no longer the exclusive province of diplomats, as the Danish newspaper that published cartoons ridiculing Mohammed quickly learned. Negotiating the claims of freedom of expression as they come into open conflict with a wide diversity of viewpoints, both domestically and internationally, has become an increasingly complex task. The present volume seeks both to provide fresh insight into the philosophical grounds for limiting government restriction of expression and to address current tensions between freedom of expression and pluralism. The suppression of ideas by government is no doubt as old as government itself. Ideas help to keep governments in power, and opposing ideas can help them to lose it. As well, through most of the history of the world, the belief that some know b- ter than others what is true, what is right, and what is valuable has been sufficiently widespread to make it seem natural for those betters to dictate for the rest what they should believe. Just as clerics did not hesitate to dictate to their congregations, Christians did not hesitate to impose their beliefs on non-Christians in order to save their souls.
From Librarian of Congress, James Billington, to founding director of the Center for the Book, John Cole, the leading-edge information specialists of the day share their insights on the role libraries play in advancing democracy.
Institutions of American Democracy: The Judicial Branch by Kermit L. Hall,Kevin T. McGuire Pdf
Presents a collection of essays examining the American judiciary, including such topics as judicial review and interpretation, judicial activism, the judiciary and the political process, and selecting Supreme Court justices.
Extreme Speech and Democracy by Ivan Hare,James Weinstein Pdf
A commitment to free speech is a fundamental precept of all liberal democracies. However, democracies can differ significantly when addressing the constitutionality of laws regulating certain kinds of speech. In the United States, for instance, the commitment to free speech under the First Amendment has been held by the Supreme Court to protect the public expression of the most noxious racist ideology and hence to render unconstitutional even narrow restrictions on hate speech. In contrast, governments have been accorded considerable leeway to restrict racist and other extreme expression in almost every other democracy, including Canada, the United Kingdom, and other European countries. This book considers the legal responses of various liberal democracies towards hate speech and other forms of extreme expression, and examines the following questions: What accounts for the marked differences in attitude towards the constitutionality of hate speech regulation? Does hate speech regulation violate the core free speech principle constitutive of democracy? Has the traditional US position on extreme expression justifiably not found favour elsewhere? Do values such as the commitment to equality or dignity legitimately override the right to free speech in some circumstances? With contributions from experts in a range of disciplines, this book offers an in-depth examination of the tensions that arise between democracy's promises.
Deliberative Democracy and its Discontents by Jose Luis Marti,Samantha Besson Pdf
Drawing on political, legal, national, post-national, as well as American and European perspectives, this collection of essays offers a diverse and balanced discussion of the current arguments concerning deliberative democracy. Its contributions' focus on discontent, provide a critical assessment of the benefits of deliberation and also respond to the strongest criticisms of the idea of democratic deliberation. The essays consider the three basic questions of why, how and where to deliberate democratically. This book will be of value not only to political and democratic theorists, but also to legal philosophers and constitutional theorists, and all those interested in the legitimacy of decision-making in national and post-national pluralistic polities.
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.
Hate Speech and Democratic Citizenship by Eric Heinze Pdf
An astute challenge to dominant free speech theories, this book critiques US, European, and international rules on hate speech. In a highly original argument, the author identifies individual expression as more than just an individual right. He revisits the central role of public discourse as the crucial pillar of modern democracy.
Democracy is not naturally plausible. Why turn such important matters over to masses of people who have no expertise? Many theories of democracy answer by appealing to the intrinsic value of democratic procedure, leaving aside whether it makes good decisions. In Democratic Authority, David Estlund offers a groundbreaking alternative based on the idea that democratic authority and legitimacy must depend partly on democracy's tendency to make good decisions. Just as with verdicts in jury trials, Estlund argues, the authority and legitimacy of a political decision does not depend on the particular decision being good or correct. But the "epistemic value" of the procedure--the degree to which it can generally be accepted as tending toward a good decision--is nevertheless crucial. Yet if good decisions were all that mattered, one might wonder why those who know best shouldn't simply rule. Estlund's theory--which he calls "epistemic proceduralism"--avoids epistocracy, or the rule of those who know. He argues that while some few people probably do know best, this can be used in political justification only if their expertise is acceptable from all reasonable points of view. If we seek the best epistemic arrangement in this respect, it will be recognizably democratic--with laws and policies actually authorized by the people subject to them.
The past thirty years have seen a surge of empirical research into political decision making and the influence of framing effects--the phenomenon that occurs when different but equivalent presentations of a decision problem elicit different judgments or preferences. During the same period, political philosophers have become increasingly interested in democratic theory, particularly in deliberative theories of democracy. Unfortunately, the empirical and philosophical studies of democracy have largely proceeded in isolation from each other. As a result, philosophical treatments of democracy have overlooked recent developments in psychology, while the empirical study of framing effects has ignored much contemporary work in political philosophy. In Framing Democracy, Jamie Terence Kelly bridges this divide by explaining the relevance of framing effects for normative theories of democracy. Employing a behavioral approach, Kelly argues for rejecting the rational actor model of decision making and replacing it with an understanding of choice imported from psychology and social science. After surveying the wide array of theories that go under the name of democratic theory, he argues that a behavioral approach enables a focus on three important concerns: moral reasons for endorsing democracy, feasibility considerations governing particular theories, and implications for institutional design. Finally, Kelly assesses a number of methods for addressing framing effects, including proposals to increase the amount of political speech, mechanisms designed to insulate democratic outcomes from flawed decision making, and programs of public education. The first book to develop a behavioral theory of democracy, Framing Democracy has important insights for democratic theory, the social scientific understanding of political decision making, economics, and legal theory.
Author : Dr. Prashant Kumar Srivastava Publisher : KVR Book Central Page : 218 pages File Size : 50,5 Mb Release : 2024-07-01 Category : Study Aids ISBN : 9789391693695
CARTOON CONTROVERSY AND RIGHT TO FREEDOM OF SPEECH AND EXPRESSION by Dr. Prashant Kumar Srivastava Pdf
The Purpose of the study becomes relevant and assumes importance by fact that freedom of expression is most important human rights of the democracy, besides which the society will be monochromatic, but this freedom can’t be unrestricted. One can enjoy/ entertain its freedom up to that extent only until it doesn’t violate others freedom. A cartoonist expresses his attitude towards the various figures, characters and situations depicted in his figures, and thus represent the interests of a society, which are not always in harmony in the government. A cartoonist not only has to be creative, but he also has to attempt to be educational. For the latter purpose the cartoonist should conform to moral norms, which might potentially be in contradiction with his style of expression. The authority struggles differently with cartoonists. In some countries cartoonists are beaten, thrown in prison and even killed. In countries where authorities are unable to discreetly dispose of resenting cartoonists in such ways, other subtly coercive methods are applied.