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Author: Ian Cram Publisher: Routledge ISBN: 0429889720 Category : Political Science Languages : en Pages : 216
Book Description
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.
Author: Ian Cram Publisher: Routledge ISBN: 0429889720 Category : Political Science Languages : en Pages : 216
Book Description
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.
Author: Téwodros Workneh Publisher: Rowman & Littlefield ISBN: 1793622175 Category : Language Arts & Disciplines Languages : en Pages : 409
Book Description
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, surveillance, online activism, and other forms of freedom of expression
Author: Victoria L Killion Publisher: Independently Published ISBN: 9781099793851 Category : Languages : en Pages : 46
Book Description
Recent acts of terrorism and hate crimes have prompted a renewed focus on the possible links between internet content and offline violence. While some have focused on the role that social media companies play in moderating user-generated content, others have called for Congress to pass laws regulating online content promoting terrorism or violence. Proposals related to government action of this nature raise significant free speech questions, including (1) the reach of the First Amendment's protections when it comes to foreign nationals posting online content from abroad; (2) the scope of so-called "unprotected" categories of speech developed long before the advent of the internet; and (3) the judicial standards that limit how the government can craft or enforce laws to preserve national security and prevent violence. At the outset, it is not clear that a foreign national could invoke the protections of the First Amendment. The Supreme Court has never directly opined on this question. However, its decisions regarding the extraterritorial application of other constitutional protections to foreign nationals and lower court decisions involving speech made by foreign nationals while outside of the United States suggest that the First Amendment may not apply in that scenario. In contrast, free speech considerations are likely to be highly relevant in evaluating the legality of (1) proposals for the U.S. government to regulate what internet users in the United States can post, or (2) the enforcement of existing U.S. laws where the government seeks to hold U.S. persons liable for their online speech. Although the government typically can regulate conduct without running afoul of the First Amendment, regulations that restrict or burden expression often do implicate free speech protections. In such circumstances, courts generally distinguish between laws that regulate speech on the basis of its content and those that do not, subjecting the former to more stringent review. A law that expressly restricts online communications or media promoting violence or terrorism is likely to be deemed a content-based restriction on speech; whereas a law that primarily regulates conduct could be subject to a less stringent standard of review, unless its application to speech turns on the message expressed. Whether such laws would survive First Amendment scrutiny depends on a number of factors. Over the past 50 years, the Supreme Court has generally extended the First Amendment's free speech protections to speech that advocates violence in the abstract while allowing the government to restrict or punish speech that threatens or facilitates violence in a more specific or immediate way. The subtle distinctions that have developed over time are reflected in the categories of speech that the court has deemed unprotected, meaning that the government generally can prohibit speech in these areas because of its content. These include incitement to imminent lawless action, true threats, and speech integral to criminal conduct. Although judicial decisions have helped to define the scope of some of these categories, open questions remain as to how they apply in the context of online speech. For instance, legal scholars have questioned what it means for speech to incite "imminent" violence when posted to social media. They have also asked how threats should be perceived when made in the context of online forums where hyperbolic speech about violence is common. The extent to which the government can regulate speech promoting violence or terrorism also depends on whether its law or action satisfies the applicable level of scrutiny that the Court has developed to evaluate measures that restrict or burden speech. In general, laws that regulate protected speech on political or ideological matters are subject to strict scrutiny, but in some cases, courts have concluded that the government's national security interests justify restrictions.
Author: Ian Cram Publisher: Springer Science & Business Media ISBN: 364200637X Category : Political Science Languages : en Pages : 179
Book Description
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.
Author: Katharine Gelber Publisher: Oxford University Press ISBN: 0191083410 Category : Political Science Languages : en Pages : 200
Book Description
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.
Author: Kent Roach Publisher: Cambridge University Press ISBN: 1316381099 Category : Law Languages : en Pages :
Book Description
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.
Author: Brooke M. Goldstein Publisher: ISBN: 9780982294796 Category : Law Languages : en Pages : 242
Book Description
The free speech rights of authors, researchers and journalists writing on issues of public security and national concern are increasingly under attack through both violent and non-violent means. An important non-violent challenge to free speech has emerged in the form of "Islamist lawfare," the use of the law as a weapon of war to silence and punish free speech about militant Islam, terrorism and its sources of financing. The strategic end of Islamist lawfare is to further the goals of the Islamist movement, one of which is to abolish public discourse critical of Islam and punish anything deemed blasphemous to its prophet, Mohammad. Another goal of Islamist lawfare is to impede the free flow of public information about the threat of Islamist terrorism, thereby limiting our ability to understand it and destroy it. In this way, Islamist lawfare takes the form of a complementary legal campaign to terrorism and asymmetric warfare. "Lawfare: The War Against Free Speech"- written by two of America's experts in this field- describes this phenomenon and gives practical guidance about navigating this new terrain to journalists who wish to speak truthfully about the national security threats we face. This book is a must-read primer on the First Amendment, and should be reviewed by anyone writing about the most controversial topics of our time. Aaron Eitan Meyer and Brooke Goldstein present "Lawfare Against Free Speech: A First Amendment Guide to Reporting in an Age of Islamist Lawfare," the first book of its kind aimed at giving practical tips to journalists when writing about these topics. ABOUT THE AUTHORS Brooke Goldstein is a human rights attorney and award-winning filmmaker. She serves as director of The Lawfare Project, a nonprofit organization dedicated to raising awareness and facilitating a response to the abuse of the legal system and human rights law. She is also the founder and director of the Children's Rights Institute (CRI) which tracks and legally combats violations of children's basic human rights as occurring throughout the globe. Aaron Eitan Meyer served as research director of The Lawfare Project, director of research for the Children's Rights Institute, legal correspondent for the Terror Finance Blog, and is on the advisory board for the digital advocacy group, Act for Israel. He received his B.A. from New School University, and his J.D. from Touro College Jacob D. Fuchsberg Law Center.
Author: Us National Security Council Publisher: Cosimo Reports ISBN: 9781646795765 Category : Languages : en Pages : 36
Book Description
"Together we must affirm that domestic terrorism has no place in our society." -President Joseph R. Biden, Jr., National Strategy for Countering Domestic Terrorism (June 2021) National Strategy for Countering Domestic Terrorism (June 2021) conveys the Biden Administration's view of domestic terrorism and strategy on how to deal with it. What is domestic terrorism? As defined by this report, it is based on a range of violent ideological motivations, including racial bigotry and anti-government feeling, and it can take several forms, from lone actors and small groups to violent militias.
Author: Great Britain: Home Office Publisher: The Stationery Office ISBN: 9780101809221 Category : Law Languages : en Pages : 124
Book Description
The Prevent strategy, launched in 2007 seeks to stop people becoming terrorists or supporting terrorism both in the UK and overseas. It is the preventative strand of the government's counter-terrorism strategy, CONTEST. Over the past few years Prevent has not been fully effective and it needs to change. This review evaluates work to date and sets out how Prevent will be implemented in the future. Specifically Prevent will aim to: respond to the ideological challenge of terrorism and the threat we face from those who promote it; prevent people from being drawn into terrorism and ensure that they are given appropriate advice and support; and work with sectors and institutions where there are risks of radicalization which need to be addressed
Author: Ian Cram
Author: Ian Cram
Author: Téwodros Workneh
Author: Victoria L Killion
Author: Ian Cram
Author: Katharine Gelber
Author: Kent Roach
Author: Brooke M. Goldstein
Author: Victor V. Ramraj
Author: Us National Security Council
Author: Great Britain: Home Office