Freedom of Expression As Self-Restraint PDF Download

Author: Matthew H. Kramer
Publisher:
ISBN: 0198868650
Category :
Languages : en
Pages : 369

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Book Description
This book argues for the absolutist position on the freedom of expression, and how this principle is integral for society. This title also explores some of the most common arguments regarding freedom of expression including pornography and banning advocacy of hateful creeds.

Author: Matthew H. Kramer
Publisher: Oxford University Press
ISBN: 0192639226
Category : Law
Languages : en
Pages : 368

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Book Description
Freedom of Expression as Self-Restraint provides a novel justificatory foundation for the principle of freedom of expression. As the book argues, such a principle is absolute in that it is exceptionless; it imposes general duties that are binding always and everywere on every system of governance. In addition to injecting a new level of philosophical sophistication into the debates over freedom of expression, the book ties the principle to an ideal of governmental self-restraint, and it shows how that ideal connects to the paramount moral responsibility of every system of governance: the responsibility to bring about the political, social, and economic conditions under which every member of society can be warranted in harbouring an ample sense of self-respect. In short, compliance by a system of governance with the principle of freedom of expression is integral to the fulfilment of that paramount responsibility.

Author: Richard Sorabji
Publisher: Oxford University Press, USA
ISBN: 0197532152
Category : Philosophy
Languages : en
Pages : 217

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Book Description
"This book on freedom of speech and expression starts (Chapter 1) with an inter-cultural history of this valued right through the ages and then recalls (Chapter 2) the benefits for which we rightly value it. But what about speech that frustrates these benefits? Supporters of the benefits of free speech have reason to exercise voluntary self-restraint on speech which frustrates the benefits. They should also cultivate a second remedy: the art, illustrated in chapter 1, and called by Gandhi the art of 'opening ears', by other kinds of speech and conduct. Such voluntary methods are to be preferred to legal constraints. But (chapter 3) legal constraint is sometimes necessary. In the 21st century, social media funding based on manipulation of personal speech data requires skilful legislation and enforcement in favour of social media that protect our freedoms"--

Author: Wojciech Sadurski
Publisher: Springer
ISBN: 9401093423
Category : Philosophy
Languages : en
Pages : 237

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Book Description
In authoritarian states, the discourse on freedom of speech, conducted by those opposed to non-democratic governments, focuses on the core aspects of this freedom: on a right to criticize the government, a right to advocate theories arid ideologies contrary to government-imposed orthodoxy, a right to demand institutional reforms, changes in politics, resignation of the incompetent and the corrupt from positions of authority. The claims for freedom of speech focus on those exercises of freedom that are most fundamental and most beneficial to citizens - and which are denied to them by the government. But in a by-and large democratic polity, where these fundamental benefits of freedom of speech are generally enjoyed by the citizens, the public and scholarly discourse on freedom of speech hovers about the peripheries of that freedom; the focus is on its outer boundaries rather than at the central territory of freedom of speech. Those borderline cases, in which people who are otherwise genuinely committed to the core aspects of freedom of speech may sincerely disagree, include pornography, racist hate speech and religious bigoted expressions, defamation of politicians and of private persons, contempt of court, incitement to violence, disclosure of military or commercial secrets, advertising of merchandise such as alcohol or cigarettes or of services and entertainment such as gambling and prostitution.

Author: Rodney A. Smolla
Publisher: Alfred A. Knopf
ISBN:
Category : Political Science
Languages : en
Pages : 456

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Book Description
"Should we tolerate speech designed to spread intolerance? As we grope for a response, we find our constitutional and moral imperatives for tolerance and equality in conflict with the equally imperative value of free speech. This is but one of the many such pressing issues dealt with in this timely, important book." "Exploring the question "What should freedom of speech mean in a democracy?," Rodney Smolla argues that it is a value of overarching significance. Freedom of speech, he says, is not merely an aid to self-governance, but is uniquely connected to all that defines the human spirit--to imagination, creativity, enterprise, rationality, love, worship, and wonder." "In a complex modern society, freedom of speech is constantly threatened by other social interests and values, which often seem more important in the short term: national security, personal reputation and privacy, eliminating racism and sexism, instilling values of decency and tolerance in children, controlling the corrupting influences of money on the political process, and bringing order to global electronic communications--all worthy social interests." "Smolla shows how even seemingly reasonable regulation of speech tends to progress inexorably toward censorship. He takes on the difficult issue of Who Decides, and he analyzes symbolic and violent dissent, and the "clear and present danger" doctrine. He probes the disturbing issues of hate speech, obscenity, tolerating intolerance, and truth and falsehood in political campaigns. He looks at personal confidentiality, ponders the possible criteria for creating an objective definition of newsworthiness and public speech--especially with reference to governmental funding of the arts, education, and broadcasting--and explores the implications of the Noriega case, Persian Gulf censorship issues, attempts to export the American concept of free speech, and the challenge of new technologies." "Throughout, the discussion of pros and cons is balanced, yet Smolla helps us see clearly why we should defend vigorously our endangered First Amendment rights."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Author: Jeroen Temperman
Publisher: Cambridge University Press
ISBN: 1108416918
Category : Law
Languages : en
Pages : 771

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Book Description
This book details the legal ramifications of existing anti-blasphemy laws and debates the legitimacy of such laws in Western liberal democracies.

Author: Merris Amos
Publisher: Martinus Nijhoff Publishers
ISBN: 900422940X
Category : Law
Languages : en
Pages : 272

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Book Description
Freedom of expression – particularly freedom of speech – is, in most Western liberal democracies, a well accepted and long established, though contested constitutional right or principle. Whilst based in ethical, rights-based and political theories, such as those of justice, the good life, personal autonomy, self determination, and welfare, as well as arrangements over legitimate government, pluralism and its limits, democracy and the extent and role of the state, there is always a lack of agreement over what precisely freedom of expression entails and how it should be applied. For the purposes of this book we are concerned with freedom of expression and the media with regard to the current application of legal standards and self-regulation to journalistic practice. Justifications for freedom of expression do, in the end, inevitably involve the conduct of the media and it is this that concerns our authors. This book is concerned with these issues as they affect the contemporary media, the practice of journalism and why imposed constraints and the extent of the freedoms attached to freedom of expression are managed, and why they may or may not be ultimately regarded as legitimate or not legitimate. It is the practical matter of contemporary journalism and freedom of expression that concerns us. Consequently this is not a philosophical work so much as a work concerned with the way that freedom of expression is evoked and applied and those arguments that support or refute such evocation and application, focussing on areas of tension between freedom of expression and other considerations. In short, this is a book concerned with what the various authors regard as good practice as well as what they regard as problematic and why. Most of the chapters in this book assume a UK regulatory framework, which, influenced by the EU requirements, imposes a differentiated burden on the broadcast media by comparison with the press and, to some degree, content on the Internet.

Author: Alan Allport
Publisher: Infobase Publishing
ISBN: 1438106017
Category : Electronic books
Languages : en
Pages : 109

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Book Description
Discusses the 1st Amendment right to free speech, with particular emphasis on defining and limiting dangerous speech, obscene expression, and the freedom of the press.

Author: E. M. Barendt
Publisher: Routledge
ISBN: 9780754627821
Category : Freedom of the press
Languages : en
Pages : 0

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Book Description
This volume brings together seminal articles by leading international scholars on all aspects of press freedom. Topics covered include the meaning of press freedom and its relationship to freedom of speech, the extent to which self-regulation is a satisfactory alternative to legal controls, whether courts should apply the same constitutional principles to privacy actions as those developed in libel law, and how far celebrities are entitled to claim privacy rights when they are photographed in public places. The essays also explore the various solutions adopted in the USA and in some Commonwealth countries to balancing the freedom of the press and other media against the laws of libel and privacy.

Author: Joris van Hoboken
Publisher: Kluwer Law International B.V.
ISBN: 9041141383
Category : Law
Languages : en
Pages : 432

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Book Description
In this book, the author explores how search media can be incorporated into freedom of expression doctrine, as well as media and communications law and policy more generally. And the book develops a theory of the legal relations between national governments and search media providers on the one hand and between end-users and information providers on the other. Among the many issues covered are the following: role of government under the right to freedom of expression; lack of transparency about the ranking and selection of search results; search engine and ISP intermediary liability; filtering by access providers; freedom of expression and the governance of public libraries; the search engine market, its business model and the separation rule for advertising; search engine self-regulation; user profiling and personalization; decisions and actions for which search engines should be able to claim protection. The analysis draws on specific legal developments under Article 10 of the European Convention on Human Rights and the United States First Amendment, and investigates issues of diversity, pluralism, and freedom of expression as they relate to editorial control in other media. The author concludes with recommendations regarding search engine governance and the proper role of government, indicating which existing elements of the regulatory framework for search media can be improved and offering directions for future legal and empirical research. Considering the ever-growing cultural, political, and economic importance of the Internet and the World Wide Web in our societies, and the societal interests involved in the availability of effective search tools, this first in-depth legal analysis of search engine freedom will prove indispensable to the many practitioners and policymakers concerned with freedom of expression in the digital age.