The Oxford Handbook of Freedom of Speech最新文献

筛选
英文 中文
The Classic Arguments for Free Speech 1644–1927 言论自由的经典论点1644-1927
The Oxford Handbook of Freedom of Speech Pub Date : 2021-01-26 DOI: 10.1093/oxfordhb/9780198827580.013.2
V. Blasi
{"title":"The Classic Arguments for Free Speech 1644–1927","authors":"V. Blasi","doi":"10.1093/oxfordhb/9780198827580.013.2","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780198827580.013.2","url":null,"abstract":"This chapter examines the classic arguments for freedom of speech. It traces the first comprehensive argument for freedom of speech as a limiting principle of government to John Milton’s Areopagitica, a polemic against censorship by a requirement of prior licensing in which Milton develops an argument for the pursuit of truth through exposure to false and heretical ideas rather than the passive reception of orthodoxy. Despite Milton’s belief in the advancement of understanding through free inquiry, he was far from liberal in the modern sense of that term and he did not, for instance, extend the tolerance he advocated to Catholic religious texts. The chapter then assesses what James Madison had to say about the role of public opinion as a crucial element in the creation of political authority and the preservation of rights, and considers Justice Oliver Wendell Holmes, Jr’s opinions about the freedom of speech. It also looks at how the celebrated federal judge Learned Hand conceives of the freedom of speech as a majority-creating procedure rather than an individual right, while Justice Louis Brandeis understood the freedom of speech to be an individual liberty important as such but especially important for its contribution to democratic character. Ultimately, the most widely-read of the classic arguments for free speech is that developed by John Stuart Mill in his Essay On Liberty.","PeriodicalId":348867,"journal":{"name":"The Oxford Handbook of Freedom of Speech","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131207514","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Structure of a Free Speech Right 言论自由权的结构
The Oxford Handbook of Freedom of Speech Pub Date : 2021-01-26 DOI: 10.1093/oxfordhb/9780198827580.013.13
Stephen A. Gardbaum
{"title":"The Structure of a Free Speech Right","authors":"Stephen A. Gardbaum","doi":"10.1093/oxfordhb/9780198827580.013.13","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780198827580.013.13","url":null,"abstract":"This chapter describes the structural elements or components of a free speech right. The nature and extent of a free speech right depends upon a number of legal components. The first is the legal source of the right (in common law, statute, or a constitution) and the force of the right having regard to how it is enforced, and whether and how it can be superseded. The second component is the ‘subject’ of free speech rights, or who are the rights-holders: citizens, natural or legal persons. The third is the ‘scope’ of a free speech right, while the fourth is the kind of obligation it imposes on others: a negative prohibition or a positive obligation. The fifth component is the ‘object’ of a free speech right: who is bound to respect a right of freedom of expression and against whom the right may be asserted. Finally, there is the ‘limitation’ of a free speech right.","PeriodicalId":348867,"journal":{"name":"The Oxford Handbook of Freedom of Speech","volume":"149 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131075347","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Freedom of Media 媒体自由
The Oxford Handbook of Freedom of Speech Pub Date : 2021-01-26 DOI: 10.1093/oxfordhb/9780198827580.013.30
Dieter Grimm
{"title":"Freedom of Media","authors":"Dieter Grimm","doi":"10.1093/oxfordhb/9780198827580.013.30","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780198827580.013.30","url":null,"abstract":"This chapter explains that in a number of jurisdictions, freedom of media is treated as a subset of freedom of speech. It is speech amplified by technical means such as print or electromagnetic waves. Like freedom of speech, it is conceived as an individual right of the speaker. It is also regarded as a right of the owners of media, even if they do not speak themselves, because they may determine what is published and what is not. However, freedom of media should be regarded as a distinct right. Both rights share the quality of communicative rights, but they refer to different types of communication, individual communication and mass communication. When the early constitutions were adopted, no other means of mass communication than the press existed. Younger constitutions mention broadcasting, but did not foresee the emergence of television; even very recent constitutions remain silent regarding the internet. However, only an extremely crude textualist or originalist would conclude that media not explicitly mentioned in the constitution are not protected against government intrusion. ‘Press’ is a subcategory of the broader notion of ‘media of mass communication’ and thus open for the inclusion of newly emerging media without a constitutional amendment being necessary.","PeriodicalId":348867,"journal":{"name":"The Oxford Handbook of Freedom of Speech","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123296891","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Positive Free Speech: A Democratic Freedom 积极的言论自由:民主的自由
The Oxford Handbook of Freedom of Speech Pub Date : 2021-01-26 DOI: 10.1093/oxfordhb/9780198827580.013.14
A. Kenyon
{"title":"Positive Free Speech: A Democratic Freedom","authors":"A. Kenyon","doi":"10.1093/oxfordhb/9780198827580.013.14","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780198827580.013.14","url":null,"abstract":"This chapter explores the positive structural dimensions of the freedom of speech by using a democratic free speech rationale. While far from the only aspect of positive free speech, it offers a useful example of the freedom’s positive dimensions. The chapter focuses on legal conditions underlying public speech and their links to democratic constitutional arrangements. It outlines the general approach before drawing brief comparisons with two well-known US approaches to free speech and media freedom. The chapter then highlights two of the multiple ways in which ‘positive’ can be used in relation to free speech. Positive may concern positive freedom, the idea that freedom is not only a negative liberty but requires support or enablement. It can also be used in terms of a positive right, typically a legal right enforced through courts.","PeriodicalId":348867,"journal":{"name":"The Oxford Handbook of Freedom of Speech","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124678677","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
When Is Speech That Causes Unlawful Conduct Protected by Freedom of Speech? The Case of the First Amendment? 导致非法行为的言论何时受到言论自由的保护?第一修正案的案例?
The Oxford Handbook of Freedom of Speech Pub Date : 2021-01-26 DOI: 10.1093/oxfordhb/9780198827580.013.19
G. Stone
{"title":"When Is Speech That Causes Unlawful Conduct Protected by Freedom of Speech? The Case of the First Amendment?","authors":"G. Stone","doi":"10.1093/oxfordhb/9780198827580.013.19","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780198827580.013.19","url":null,"abstract":"This chapter investigates the question of speech causing unlawful conduct. Should speech that causes others to violate the law be protected by the freedom of speech? If those who violate the law can be punished, why not also punish those who cause them to violate the law? For more than two centuries, this question has played a central role in the evolution of First Amendment jurisprudence in the United States. Because the issue has arisen most often in the United States in time of war, the chapter reviews the American experience with this question during the ‘Half War’ with France in 1798, the Civil War, World War I, the Cold War, and over the course of the last half-century. It then offers some concluding observations.","PeriodicalId":348867,"journal":{"name":"The Oxford Handbook of Freedom of Speech","volume":"80 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126198755","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Pornography 色情
The Oxford Handbook of Freedom of Speech Pub Date : 2021-01-26 DOI: 10.1093/oxfordhb/9780198827580.013.34
Caroline West
{"title":"Pornography","authors":"Caroline West","doi":"10.1093/oxfordhb/9780198827580.013.34","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780198827580.013.34","url":null,"abstract":"This chapter discusses pornography, which is often defended on the basis of freedom of speech or expression. Even if some pornography is not just offensive but actively harmful, it is speech; and, as such, enjoys the special protections generally extended to speech in liberal societies. In the United States, pornography even enjoys legal protection under the free speech clause of the First Amendment of the US Constitution. The chapter then critically examines the traditional free speech defence of pornography, as well as prominent feminist arguments for legal regulation of some pornography, before turning to consider a surprising but increasingly influential free speech-based line of argument against pornography. In discussing these matters, the primary focus will be on general issues of political morality, rather than questions of legal interpretation.","PeriodicalId":348867,"journal":{"name":"The Oxford Handbook of Freedom of Speech","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131802682","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Defamation Law, Sullivan, and the Shape of Free Speech 诽谤法,沙利文和言论自由的形态
The Oxford Handbook of Freedom of Speech Pub Date : 2021-01-26 DOI: 10.1093/oxfordhb/9780198827580.013.16
A. Kenyon
{"title":"Defamation Law, Sullivan, and the Shape of Free Speech","authors":"A. Kenyon","doi":"10.1093/oxfordhb/9780198827580.013.16","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780198827580.013.16","url":null,"abstract":"This chapter examines how free speech interacts with defamation law. When thinking about defamation law and free speech, it can be difficult not to consider the classic US case of New York Times v Sullivan. The decision substantially changed how US defamation law treats political speech, and has resonated widely in other jurisdictions. It increased the burdens facing public officials who sue in defamation, making it far more difficult for them to succeed. The chapter draws out two broad issues from Sullivan and subsequent decisions which have relevance for understanding defamation and free speech more generally, especially democratic aspects of freedom of expression. It also highlights three ways in which the reform of defamation law could better protect free speech. First, legal doctrine could be reformed. Second, remedies could be altered to reduce the chill of defamation law. Third, and perhaps less often recognized, the effective degree of freedom of speech provided under any given defamation law depends greatly on litigation practice. Reforming defamation litigation has been tried in many jurisdictions and there have long been proposals for larger reforms, such as developing alternative dispute resolution methods and venues for defamation claims.","PeriodicalId":348867,"journal":{"name":"The Oxford Handbook of Freedom of Speech","volume":"2016 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121339910","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Internet and Social Media 互联网和社交媒体
The Oxford Handbook of Freedom of Speech Pub Date : 2021-01-26 DOI: 10.1093/oxfordhb/9780198827580.013.20
Gregory P. Magarian
{"title":"The Internet and Social Media","authors":"Gregory P. Magarian","doi":"10.1093/oxfordhb/9780198827580.013.20","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780198827580.013.20","url":null,"abstract":"This chapter surveys the distinctive free speech problems raised by the Internet and social media, discussing the most pressing, prominent issues around Internet speech regulation, with attention to variations across legal systems. It begins by briefly describing the Internet’s communicative architecture. The chapter then looks at structural concerns that have limited online free speech or prompted regulatory attention in the Internet Age. These include inequalities of access; power relationships among governments, private speech intermediaries, and Internet users; and the ways the Internet’s architecture complicates effective regulation. Finally, the chapter considers key substantive issues for online communication, including hate speech, privacy, intellectual property, and the credibility and influence of online news sources.","PeriodicalId":348867,"journal":{"name":"The Oxford Handbook of Freedom of Speech","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131765385","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Free Speech and Elections 言论自由与选举
The Oxford Handbook of Freedom of Speech Pub Date : 2020-06-30 DOI: 10.1017/9781108859561.007
Joo-cheong Tham, K. Ewing
{"title":"Free Speech and Elections","authors":"Joo-cheong Tham, K. Ewing","doi":"10.1017/9781108859561.007","DOIUrl":"https://doi.org/10.1017/9781108859561.007","url":null,"abstract":"This chapter examines how elections give rise to special problems relating to speech. In the choice of government and governors, speech needs to be lively and robust, which is not to say of course that speech should be unconstrained. Indeed, the paradox of elections is that they need both freedom and restraint if electoral purposes are to be served. In the context between candidates and parties, who else should be permitted to speak, and what if anything should they be prohibited from saying? In the context of elections, however, what has become a bigger concern in modern liberal democracies is not who may speak and what can they say, but what means can they use, what opportunities and restrictions are to apply to the means used, and how much can be spent in projecting electoral messages? These latter questions do not address the content of speech so much as its volume, but they are urgent questions in light of the exponential increase in the sums spent by candidates, parties, and others in seeking to influence electoral outcomes.","PeriodicalId":348867,"journal":{"name":"The Oxford Handbook of Freedom of Speech","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123863748","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
相关产品
×
本文献相关产品
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信