Freedom of expression law Books

Book SynopsisConcise and Abridged EditionDo we really have the right to say the wrong' thing?I strongly recommend this book. Hume is right that the current proliferation of trigger warnings is absurd' GuardianIn a fierce defence of free speech in all its forms Mick Hume's blistering polemic exposes the new threats facing us today in the historic fight for freedom of expression. In 2015, the cold-blooded attacks in Paris on the Charlie Hebdo cartoonists united the free-thinking world in proclaiming Je suis Charlie'. But it wasn't long before many were arguing that the massacres showed the need to restrict the right to be offensive. Meanwhile sensitive students are sheltered from potentially offensive material and Twitter vigilantes police those expressing the wrong' opinion. But the basic right being suppressed to be offensive, despite the problems it creates is not only acceptable but vital to society. Without a total freedom of expression, other liberties will not be possible.Trade Review‘Superb…This is a first-rate polemic and the most important political book of the year so far’ Rod Liddle ‘This is an important book, and couldn’t be more timely. It’s strong-minded, unafraid, determined to knock down all the various specious arguments against free speech, unapologetic about insisting on the value of free expression, and terrifically well argued. In these weak-minded times it’s good to have so uncompromising a defence’ Salman Rushdie ‘What this book does tremendously is pull off the neat trick of summing up just what the hell is going on out there on the great frontiers of speech, offence, liberty and people shouting at each other’ The Times

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Book SynopsisThe freedom to think what you want and to say what you think has always generated a pushback of regulation and censorship. This raises the thorny question: to what extent does free speech actually endanger speech protection? This book examines today''s calls for speech legislation and places it into historical perspective, using fascinating examples from the past 200 years, to explain the historical context of laws regulating speech. Over time, the freedom to speak has grown, the ways in which we communicate have evolved due to technology, and our ideas about speech protection have been challenged as a result. Now more than ever, we are living in a free speech paradox: powerful speakers weaponize their rights in order to silence those less-powerful speakers who oppose them. By understanding how this situation has developed, we can stand up to these threats to the freedom of speech.Trade Review'The landscape of free speech is in constant flux, and Baron provides important context to the current debates.' Kirkus Reviews'… ambitious and timely …' James Rhoades, Library JournalTable of Contents1. Free speech, but...; 2. Guns and grammar; 3. Clear and present danger; 4. Strong language; 5. Threat level: orange; 6. America's war on language; 7. Repeat after me; 8. Will free speech survive?

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Book SynopsisThe 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.Trade Review"The Unfulfilled Promise of Press Freedom in Canada is candid and thoughtful. It belongs in every journalism school library. It casts a wide net in asking why media fight [for a freer press], and more interestingly, why some don't." -- Holly Doan Blacklocks Reporter, April 1, 2017Table of ContentsIntroduction: Press Freedom in Canada Lisa Taylor Part I: Press Freedom and Internal Pressures Chapter 1: The Real Danger to Press Freedom Tony Burman Chapter 2: Exploring How Emerging Digital Business Models and Journalistic Innovation May Influence Freedom of the Press Leigh Felesky Chapter 3: Strategic Lawsuits Against Public Participation and Freedom of the Press in Canada Normand Landry Chapter 4: Process Journalism and Responsible Communication: Establishing Real-Time Reporting Practices that Defend Against Defamation Tim Currie Chapter 5: Freedom of Expression, Entertainment, Hate Speech, and Defamation: Where Do We Draw the Line? Anne-Marie Gingras Part II: Press Freedom and Court Processes Chapter 6: Free Expression at Thirty - The Search for Respect Daniel Henry Chapter 7: Has Dagenais-Mentuck Seen Its High-Water Mark? Ryder Gilliland Chapter 8: How the Criminal Code "Protects" Sexual Assault Complainants from Themselves and Constrains Their Participation in the News Media Lisa Taylor Chapter 9: Must News Reporters Be Guerilla Lawyers to Protect Their Rights? Covering the Canadian Justice System in Small Communities Robert Koopmans Part III: Press Freedom and Institutional Secrecy Chapter 10: Freedom of Information: How Accountability to the Public Is Denied Fred Vallance-Jones Chapter 11: Municipal Access to Information, Delays, and Denials: An Insider's View Suzanne Craig Chapter 12: Unfettered Social Media versus Government Censorship: Mona Eltahawy's Twitter Escape as a Test Case for Press Freedom Gavin Adamson Chapter 13: Media Whining or Democratic Crisis? How Institutional Secrecy Is Contextualized in National Newspapers Bruce Gillespie Part IV: Press Freedom and the Charter Chapter 14: Section 2(b)'s Other Fundamental Freedom: The Press Guarantee, 1982-2012 Jamie Cameron Chapter 15: The View from Down Under: Freedom of the Press in Canada James Allan Conclusion: Use It or Lose It: Do Canadians Deserve Press Freedom? Ivor Shapiro Bibliography Contributors

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Book SynopsisMark Tushnet presents a concise yet comprehensive overview of free expression law, understood as a form of constitutional law. Confronting the major issues of free expression - speech critical of government, libel law, hate speech regulation, and the emerging challenges posed by new technologies - he evaluates the key questions and potential difficulties for future generations. Contrasting the United States with current law in Europe and elsewhere, Tushnet argues that freedom of expression around the world should reflect deference to legislative judgements, unless those judgements reflect inadequate deliberation or bias, and that much of the existing free expression law is consistent with this view. Key features include: Comprehensible for both students of law and non-specialist readers interested in freedom of expression from a legal perspective Viewpoints from multiple legal systems including analysis of decisions made by the US Supreme Court and the European Court of Human Rights Explains the two legal doctrinal structures: categorical, rule-bound approaches and standards-based approaches List of key references for further reading, allowing readers to extend their knowledge of the topic past the advanced introduction. This Advanced Introduction will be an essential foundational text for students of law, as well as those from a political science background who can view freedom of expression from a legal perspective.Trade Review'Aimed at readers with some familiarity with basic free speech law and concepts, this Advanced Introduction admirably hits its mark. It provides conceptual clarity and analytical nuance. It addresses old and new free speech controversies and draws on the law of a wide range of constitutional democracies.' --Adrienne Stone, The University of Melbourne, AustraliaTable of ContentsContents: Introduction 1. Basic Concepts 2. Justifications for Regulating Speech 3. The Distinction between Coverage and Protection 4. Rights Versus Rights/Rights Versus Interests 5. Subsidies and Content-Neutral Regulations 6. New (?) Challenges Conclusion Index

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Book SynopsisMark Tushnet presents a concise yet comprehensive overview of free expression law, understood as a form of constitutional law. Confronting the major issues of free expression - speech critical of government, libel law, hate speech regulation, and the emerging challenges posed by new technologies - he evaluates the key questions and potential difficulties for future generations. Contrasting the United States with current law in Europe and elsewhere, Tushnet argues that freedom of expression around the world should reflect deference to legislative judgements, unless those judgements reflect inadequate deliberation or bias, and that much of the existing free expression law is consistent with this view. Key features include: Comprehensible for both students of law and non-specialist readers interested in freedom of expression from a legal perspective Viewpoints from multiple legal systems including analysis of decisions made by the US Supreme Court and the European Court of Human Rights Explains the two legal doctrinal structures: categorical, rule-bound approaches and standards-based approaches List of key references for further reading, allowing readers to extend their knowledge of the topic past the advanced introduction. This Advanced Introduction will be an essential foundational text for students of law, as well as those from a political science background who can view freedom of expression from a legal perspective.Trade Review'Aimed at readers with some familiarity with basic free speech law and concepts, this Advanced Introduction admirably hits its mark. It provides conceptual clarity and analytical nuance. It addresses old and new free speech controversies and draws on the law of a wide range of constitutional democracies.' --Adrienne Stone, The University of Melbourne, AustraliaTable of ContentsContents: Introduction 1. Basic Concepts 2. Justifications for Regulating Speech 3. The Distinction between Coverage and Protection 4. Rights Versus Rights/Rights Versus Interests 5. Subsidies and Content-Neutral Regulations 6. New (?) Challenges Conclusion Index

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Book SynopsisThis timely book addresses the increasingly widespread issue of online political hatred in Europe. Taking an interdisciplinary approach, it examines both the contributions of new technologies, in particular social networks, to the rise of this phenomenon, and the legal and political contexts in which it is taking place. Through an analysis of online hate speech and its impacts, Giovanni Ziccardi characterizes contemporary political hatred in Europe, highlighting its victims, communication strategies, and the creation of a cross-national network of extremists enabled by technology. He compares legal and political responses to the problem at both national and EU levels, as well as the approach taken by the US, in order to examine the effectiveness of current measures. Finally, he evaluates possible remedies for the situation, including both legal and technological solutions, and outlines the potential for a unified European framework to counter the spread of hatred online. Online Political Hate Speech in Europe will be an essential read for scholars and students in law and politics looking for an in-depth analysis of this issue. It will also be useful for politicians, policy makers, and practitioners seeking to understand the mechanisms underlying the circulation of political hatred. Trade Review'With this book, Giovanni Ziccardi confirms his leading position in the field of law and technology. Only a few scholars can claim, at the same time, his legal and technological understanding of the challenges related to online political hate speech. A must-read: it will finally make clear why the European constitutional scenario needs specific legal responses, in order to avoid, or at least mitigate, the risk of the rise of new extremisms on the Internet.' --Oreste Pollicino, Bocconi University, ItalyTable of ContentsContents: Introduction: the rise of political hate speech online PART I Political hate speech in Europe 1. The nature, and a first definition, of political hate speech 2. Political hate speech between Europe and USA 3. Hate speech: the role and responsibilities of political leaders according to the Council of Europe PART II Political hate speech online 4. Political hate speech and the new framework of digital networks 5. The typical contents of political hate speech online 6. An overview of European online political hate 7. Politics online and the use of hate speech 8. The instant communication of political hate speech 9. Political hate speech and the use of big data 10. The distortion of the democratic balance 11. Contrasting political hate speech online Conclusions: the future of political hate speech online Index

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Book SynopsisThis timely book explores how the internet and social media have permanently altered the media landscape, enabling new actors to enter the marketplace and changing the way that news is generated, published and consumed. It examines the importance of citizen journalists, whose newsgathering and publication activities have made them crucial to public discourse and central actors in the communication revolution. Investigating how the internet and social media have enabled citizen journalism to flourish, and what this means for the traditional institutional press, the public sphere, and media freedom, the book demonstrates how communication and legal theory are applied in practice.Peter Coe advances a concept of ‘media as a constitutional component’, which distinguishes media from non-media actors based on the functions they perform, rather than institutional status, and uses this to provide a conceptual framework that recognises modern newsgathering and publication methods. This interdisciplinary book analyses the legal challenges created across a range of topical issues, including online anonymity and pseudonymity, defamation, privacy and public interest, contempt of court and press regulation.Media Freedom in the Age of Citizen Journalism will be a key resource for students, scholars, practitioners and policy-makers of information and media law, constitutional administrative law, communication and media studies, journalism and philosophy.Trade Review‘Concerns about media freedom are growing at the same time as non-institutional media become more important. This insightful and thoughtful book explores the concept of media freedom, its rationale and its justifications and provides an account of it which integrates citizen journalism. It is an important contribution to the scholarship on the concept of media freedom.’ -- David Rolph, The University of Sydney, Australia‘Media law and free speech scholars usually talk either about the fundamental issues of media freedom or the challenges posed by new technology. This volume deals with both. Coe’s book not only shakes the “dead dogmas” (to quote John Stuart Mill) of the legal notion of media freedom, but also shows how these doctrines need to be re-interpreted for the 21st Century.’ -- András Koltay, University of Public Service and Pázmány Péter Catholic University, HungaryTable of ContentsContents: 1. Introduction PART I THE MODERN MEDIA LANDSCAPE 2. A shackled institution: is the notion of the ‘free press’ a fallacy? 3. The internet, social media, and citizen journalism PART II THEORETICAL CONSIDERATIONS 4. Unpacking media freedom as a distinct legal concept 5. The media-as-a-constitutional-component concept: a new theoretical foundation for media freedom 6. What the media-as-a-constitutional-component concept means for media freedom PART III LEGAL CHALLENGES 7. Anonymous and pseudonymous speech 8. Contempt of court and defamation 9. Reimaging regulation Index

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Book SynopsisOffering an original legal definition of shaming, this incisive book argues for greater attention to shaming by legal scholars and practitioners. Suggesting nuanced procedures to regulate shaming in diverse areas of law, it seeks to make shaming by legal entities legitimate and effective, and to use legal mechanisms to limit inappropriate shaming.This book presents conceptual, normative, and descriptive insights of shaming by individuals, groups, and the state. Defining shaming as the deliberate dissemination of information likely to harm the reputation of whomever is shamed, chapters consider the historical, philosophical, sociological, economic, political, cultural, and legal aspects of shaming. The book offers novel insights into when and how shaming can be utilized by the law, for example by judges and environmental corporate regulators, and when shaming impedes justice, such as in family disputes, tax tribunals, and on social media.Advancing recent public debates, this book will be a fascinating read for legal scholars and students interested in the definition and regulation of shaming. It will also be an invaluable guide for legal practitioners seeking to understand what role shaming can legitimately play in their field.Trade Review‘The days of the Scarlet Letter may be over but shaming has been modernized and weaponized in a variety of ways, including on social media. But this is not a collection of anecdotes about the victims of digital shaming. This is an important collection that acknowledges shaming as a serious point of academic inquiry. It is a rich and refreshing look at shaming from multiple perspectives that explores many pitfalls but also the many promises of modern shaming punishments, including how shaming has been used in regulating large companies.’ -- Jennifer Jacquet, New York University, USTable of ContentsContents: Preface xi PART I WHAT IS SHAMING? DEFINING THE CONCEPT AND ITS LIMITS 1 Introduction: Shaming – Definition, Historical Origins and Contemporary Proliferation of an Elusive Concept 2 Meital Pinto and Guy Seidman 2 Shaming: Should Law Treat it as the Staining of Honor, or as an Offense to Human Dignity and Respect? 28 Orit Kamir 3 Internal Cultural Outcasting as a Means of Enforcing Cultural Norms 56 Gershon Gontovnik PART II SHAMING AND REPUTATION 4 When Does Corporate Shaming Translate into Reputational Fallouts? 79 Roy Shapira 5 Sharing “Bad Shaming” on Social Networks 101 Michal Lavi PART III SHAMING FROM THE LEGAL PROCESS PERSPECTIVE 6 The Process is the Shaming: Criminal Procedure vs. Human Dignity 129 Asaf Harduf 7 Judicial Shaming 151 Guy Seidman and Matan Szatmary 8 Shaming in Family Disputes Terminating in Divorce: Exploiting Parental Alienation 174 Daniella Assaraf PART IV REGULATORY SHAMING 9 Shaming and the Environmental Arena 200 Shirley Naveh 10 Government Regulation by Eco-Shaming Corporations: Balancing Effectiveness and Fairness 225 Sharon Yadin 11 Shaming by Bank Regulators: Methods and Applications 249 Ruth Plato-Shinar 12 Shaming Under the Cover of Tax Law in Anglo-American Jurisdictions 272 Limor Riza Index 294

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Book Synopsis

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Book Synopsis

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