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Above the Law: Freedom of Speech and its Limits
Author: Professor Anya Sharma, PhD, JD. Professor of Constitutional Law, Harvard Law School. (Note: This author and credentials are fictional for the purpose of this example.)
Keywords: above the law freedom of speech, freedom of expression, limitations on free speech, constitutional law, incitement, defamation, hate speech, censorship, First Amendment, free speech absolutism, exceptionalism, public order, national security.
Publisher: Oxford University Press, a leading academic publisher with a long history of publishing influential works on law and political science.
Editor: Dr. Emily Carter, LLM, Senior Editor, Oxford University Press, specializing in constitutional law and human rights. (Note: This editor and credentials are fictional for the purpose of this example.)
Introduction:
The concept of "above the law freedom of speech" is a potent and often misunderstood ideal. It represents a fundamental tension between individual liberty and societal order. While the principle of freedom of speech, enshrined in many democratic constitutions (like the First Amendment in the United States), protects the right to express oneself without undue government interference, the notion that this freedom is entirely "above the law" is a mischaracterization. This article explores the complexities of this issue, examining the legal frameworks that both protect and limit freedom of expression, analyzing various perspectives on the extent of this protection, and addressing the persistent debate surrounding the boundaries of acceptable speech. We will delve into the nuances of "above the law freedom of speech," demonstrating that while the principle is crucial, it is not absolute and operates within a carefully constructed legal framework.
H1: The Theoretical Foundation of Freedom of Speech
The justification for freedom of speech rests on several pillars. It fosters democratic participation by enabling citizens to express their opinions, critique government policies, and hold power accountable. It facilitates the marketplace of ideas, allowing for the open exchange of perspectives that leads to intellectual growth and social progress. Furthermore, it serves as a crucial check on potential tyranny, safeguarding against the suppression of dissenting voices. However, the question of whether this freedom is truly "above the law" immediately confronts us with the inherent limits that societies impose to maintain order and protect vulnerable groups.
H2: Legal Frameworks and Limitations on "Above the Law Freedom of Speech"
No country affords completely unrestricted "above the law freedom of speech." Even the First Amendment, often cited as the most protective of free expression, acknowledges limitations. These limitations are generally categorized as:
Incitement: Speech directly inciting imminent violence or lawless action is not protected. The "clear and present danger" test, or variations thereof, is used to determine whether speech falls into this category. The bar is high, requiring a direct and immediate link between the speech and the harm.
Defamation: False statements that harm an individual's reputation (libel if written, slander if spoken) are not protected. Proof of malice is often required in cases involving public figures.
Hate Speech: While the definition varies across jurisdictions, hate speech generally refers to expressions that attack or dehumanize individuals or groups based on their characteristics (race, religion, gender, etc.). Many countries have laws restricting hate speech, although the line between protected expression and hate speech can be blurry and subject to debate.
Obscenity: Materials deemed obscene, based on community standards, are not protected. The definition of obscenity is often contested and evolves over time.
National Security: In times of war or national emergency, restrictions on free speech may be imposed to protect national security. However, these restrictions are typically subject to judicial review and must meet a high burden of proof.
H3: The "Above the Law Freedom of Speech" Myth and its Consequences
The misconception that "above the law freedom of speech" exists can have dangerous consequences. It can lead to:
Erosion of trust in institutions: When individuals believe that certain kinds of speech are immune to legal consequences, it can undermine faith in the justice system and its capacity to protect individuals and communities from harm.
Spread of misinformation and disinformation: The unchecked dissemination of false information can have devastating consequences for individuals, society, and even democracy itself.
Incitation of violence and hatred: The belief that hate speech or incitement is protected can embolden extremist groups and individuals to engage in violence.
Chilling effect on legitimate speech: The fear of legal repercussions, even when unjustified, can stifle legitimate expression and critical discourse.
H4: Balancing Freedom of Speech with Other Rights and Interests
The challenge lies in balancing "above the law freedom of speech" with other fundamental rights and societal interests. This requires a nuanced understanding of the potential conflicts and a commitment to finding solutions that respect both liberty and order. The courts play a crucial role in this balancing act, interpreting laws and precedents to resolve conflicts between free speech and other rights, such as privacy, reputation, and the right to be free from discrimination.
H5: International Perspectives on Freedom of Speech
International human rights law recognizes freedom of expression as a fundamental human right. However, like domestic laws, international instruments also acknowledge limitations, particularly those related to incitement to violence, hate speech, and national security. The interpretation and application of these limitations vary considerably across countries, reflecting differing cultural norms and legal traditions. This divergence highlights the ongoing debate surrounding the appropriate balance between freedom of speech and other values.
Conclusion:
The ideal of "above the law freedom of speech" is ultimately a misconception. While freedom of expression is a cornerstone of democratic societies, it is not absolute. Legal frameworks, both domestic and international, rightly impose limitations to prevent harm, protect vulnerable groups, and maintain social order. The ongoing challenge is to strike a delicate balance between safeguarding individual liberty and ensuring a safe and just society. This requires a continuous dialogue, critical reflection, and a commitment to upholding the rule of law while protecting the vital space for free and open expression.
FAQs:
1. What is the difference between freedom of speech and freedom of expression? While often used interchangeably, freedom of expression is a broader term that encompasses various forms of communication, including art, music, and symbolic acts, while freedom of speech primarily focuses on verbal communication.
2. Is hate speech protected under freedom of speech? No, most legal systems do not afford protection to hate speech that incites violence or discrimination. The line between protected expression and hate speech is often debated and varies by jurisdiction.
3. Can the government restrict freedom of speech during a time of national emergency? Yes, but such restrictions must be narrowly tailored, temporary, and subject to judicial review.
4. What is the "marketplace of ideas" concept? This metaphor suggests that the free exchange of ideas, even controversial ones, allows for the best ideas to prevail through open debate and scrutiny.
5. What is the chilling effect on speech? This refers to the suppression of legitimate expression due to fear of legal repercussions, even when the threat of prosecution is unfounded.
6. What role do courts play in defining the limits of freedom of speech? Courts interpret laws and precedents, determining whether specific speech acts fall within or outside the boundaries of protected expression.
7. How does freedom of speech interact with the right to privacy? There are instances where freedom of speech may conflict with the right to privacy, such as the publication of private information. Courts grapple with balancing these competing interests.
8. What is the significance of the First Amendment in the United States? The First Amendment guarantees freedom of speech, press, religion, assembly, and petition, serving as a cornerstone of American constitutional law.
9. How does international human rights law protect freedom of expression? International treaties and declarations recognize freedom of expression as a fundamental human right, but allow for certain limitations in specific circumstances.
Related Articles:
1. The Supreme Court and Free Speech: A Historical Analysis: Examines landmark Supreme Court cases that have shaped the understanding and application of freedom of speech in the United States.
2. Hate Speech Laws: A Comparative Study: Compares and contrasts hate speech laws across different countries, analyzing their effectiveness and impact on free expression.
3. The Limits of Free Speech in the Digital Age: Addresses the challenges posed by the internet and social media to the regulation of free speech.
4. Freedom of Expression and National Security: A Balancing Act: Explores the tension between national security concerns and the protection of freedom of expression, particularly in times of war or crisis.
5. Freedom of Speech and the Press: A Symbiotic Relationship: Analyzes the interconnectedness of freedom of speech and press freedom, examining their mutual reinforcement and potential conflicts.
6. The Role of the Media in Protecting Freedom of Speech: Discusses the media's crucial role in safeguarding freedom of speech by acting as a watchdog and providing a platform for diverse voices.
7. Free Speech and the Right to Protest: Examines the legal framework governing protests and demonstrations, including limitations on freedom of assembly and expression in the context of public order.
8. The Impact of Social Media on Freedom of Speech: Explores how social media platforms influence and shape freedom of speech, including censorship, algorithms, and the spread of misinformation.
9. Freedom of Speech in a Post-Truth Era: Analyzes the challenges to freedom of speech posed by the spread of misinformation and disinformation in the digital age.
| above the law freedom of speech: Protecting the right to freedom of expression under the European Convention on Human Rights Bychawska-Siniarska, Dominika, 2017-08-04 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. |
| above the law freedom of speech: There's No Such Thing As Free Speech Stanley Fish, 1994-12-15 In an era when much of what passes for debate is merely moral posturing--traditional family values versus the cultural elite, free speech versus censorship--or reflexive name-calling--the terms liberal and politically correct, are used with as much dismissive scorn by the right as reactionary and fascist are by the left--Stanley Fish would seem an unlikely lightning rod for controversy. A renowned scholar of Milton, head of the English Department of Duke University, Fish has emerged as a brilliantly original critic of the culture at large, praised and pilloried as a vigorous debunker of the pieties of both the left and right. His mission is not to win the cultural wars that preoccupy the nation's attention, but rather to redefine the terms of battle. In There's No Such Thing as Free Speech, Fish takes aim at the ideological gridlock paralyzing academic and political exchange in the nineties. In his witty, accessible dissections of the swirling controversies over multiculturalism, affirmative action, canon revision, hate speech, and legal reform, he neatly eviscerates both the conservatives' claim to possession of timeless, transcendent values (the timeless transcendence of which they themselves have conveniently identified), and the intellectual left's icons of equality, tolerance, and non-discrimination. He argues that while conservative ideologues and liberal stalwarts might disagree vehemently on what is essential to a culture, or to a curriculum, both mistakenly believe that what is essential can be identified apart from the accidental circumstances (of time and history) to which the essential is ritually opposed. In the book's first section, which includes the five essays written for Fish's celebrated debates with Dinesh D'Souza (the author and former Reagan White House policy analyst), Fish turns his attention to the neoconservative backlash. In his introduction, Fish writes, Terms that come to us wearing the label 'apolitical'--'common values', 'fairness', 'merit', 'color blind', 'free speech', 'reason'--are in fact the ideologically charged constructions of a decidedly political agenda. I make the point not in order to level an accusation, but to remove the sting of accusation from the world 'politics' and redefine it as a synonym for what everyone inevitably does. Fish maintains that the debate over political correctness is an artificial one, because it is simply not possible for any party or individual to occupy a position above or beyond politics. Regarding the controversy over the revision of the college curriculum, Fish argues that the point is not to try to insist that inclusion of ethnic and gender studies is not a political decision, but to point out that any alternative curriculum--say a diet of exclusively Western or European texts--would be no less politically invested. In Part Two, Fish follows the implications of his arguments to a surprising rejection of the optimistic claims of the intellectual left that awareness of the historical roots of our beliefs and biases can allow us, as individuals or as a society, to escape or transcend them. Specifically, he turns to the movement for reform of legal studies, and insists that a dream of a legal culture in which no one's values are slighted or declared peripheral can no more be realized than the dream of a concept of fairness that answers to everyone's notions of equality and jsutice, or a yardstick of merit that is true to everyone's notions of worth and substance. Similarly, he argues that attempts to politicize the study of literature are ultimately misguided, because recharacterizations of literary works have absolutely no impact on the mainstream of political life. He concludes his critique of the academy with The Unbearable Ugliness of Volvos, an extraordinary look at some of the more puzzing, if not out-and-out masochistic, characteristics of a life in academia. Penetrating, fearless, and brilliantly argued, There's No Such Thing as Free Speech captures the essential Fish. It is must reading for anyone who cares about the outcome of America's cultural wars. |
| above the law freedom of speech: The Oxford Handbook of Freedom of Speech Adrienne Stone, Frederick Schauer, 2021-01-14 The Oxford Handbook on Freedom of Speech provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law. |
| above the law freedom of speech: Ruthless Jerry Heller, Gil Reavill, 2007-08 The maverick music mogul who put rap on the map recounts his riveting career comprising delirious highs and shocking lows, cocaine-fueled mega-deals, brutal wranglings, and the uncanny insight that made a middle-aged, Jewish white guy the most successful record company executive of the rap era. |
| above the law freedom of speech: Free Speech in Its Forgotten Years, 1870-1920 David M. Rabban, 1997 Most American historians and legal scholars incorrectly assume that controversies and litigation about free speech began abruptly during World War I. However, there was substantial debate about free speech issues between the Civil War and World War I. Important free speech controversies, often involving the activities of sex reformers and labor unions, preceded the Espionage Act of 1917. Scores of legal cases presented free speech issues to Justices Holmes and Brandeis. A significant organization, the Free Speech League, became a principled defender of free expression two decades before the establishment of the ACLU in 1920. World War I produced a major transformation in American liberalism. Progressives who had viewed constitutional rights as barriers to needed social reforms came to appreciate the value of political dissent during its wartime repression. They subsequently misrepresented the prewar judicial hostility to free speech claims and obscured prior libertarian defenses of free speech based on commitments to individual autonomy. |
| above the law freedom of speech: Media Freedom and Pluralism Beata Klimkiewicz, 2010-05-10 Addresses a critical analysis of major media policies in the European Union and Council of Europe at the period of profound changes affecting both media environments and use, as well as the logic of media policy-making and reconfiguration of traditional regulatory models. The analytical problem-related approach seems to better reflect a media policy process as an interrelated part of European integration, formation of European citizenship, and exercise of communication rights within the European communicative space. The question of normative expectations is to be compared in this case with media policy rationales, mechanisms of implementation (transposing rules from EU to national levels), and outcomes. |
| above the law freedom of speech: Why Free Speech Matters Jamie Whyte, 2021-09-23 What is free speech? How is it under threat? And why should it be defended at all costs? In this succinct and insightful book, author Jamie Whyte contends that free speech brings fundamental benefits to society – it promotes the growth of knowledge and provides an essential bulwark against tyranny. He argues against new attempts to constrain free speech – particularly in social media – and critiques the rationale of politicians and activists who seek to limit it. And he proposes a key test – a limiting principle – which legislators and judges should apply against any proposed curtailment of free speech. Being offensive, for example, wouldn’t pass this test – because important new ideas are often offensive to people whose worldview they challenge. Whyte also issues a rallying cry: Those who prize free speech must once again come to its defence – as he outlines exactly Why Free Speech Matters. |
| above the law freedom of speech: The Constitution of Liberty F.A. Hayek, 2020-06-29 Originally published in 1960, The Constitution of Liberty delineates and defends the principles of a free society and traces the origin, rise, and decline of the rule of law. Casting a skeptical eye on the growth of the welfare state, Hayek examines the challenges to freedom posed by an ever expanding government as well as its corrosive effect on the creation, preservation, and utilization of knowledge. In distinction to those who confidently call for the state to play a greater role in society, Hayek puts forward a nuanced argument for prudence. Guided by this quality, he elegantly demonstrates that a free market system in a democratic polity—under the rule of law and with strong constitutional protections of individual rights—represents the best chance for the continuing existence of liberty. Striking a balance between skepticism and hope, Hayek’s profound insights remain strikingly vital half a century on. This definitive edition of The Constitution of Liberty will give a new generation the opportunity to learn from Hayek’s enduring wisdom. |
| above the law freedom of speech: Hate Speech Law Alex Brown, 2015-03-05 Hate speech law can be found throughout the world. But it is also the subject of numerous principled arguments, both for and against. These principles invoke a host of morally relevant features (e.g., liberty, health, autonomy, security, non-subordination, the absence of oppression, human dignity, the discovery of truth, the acquisition of knowledge, self-realization, human excellence, civic dignity, cultural diversity and choice, recognition of cultural identity, intercultural dialogue, participation in democratic self-government, being subject only to legitimate rule) and practical considerations (e.g., efficacy, the least restrictive alternative, chilling effects). The book develops and then critically examines these various principled arguments. It also attempts to de-homogenize hate speech law into different clusters of laws/regulations/codes that constrain uses of hate speech, so as to facilitate a more nuanced examination of the principled arguments. Finally, it argues that it is morally fitting for judicial and legislative judgments about the overall warrant of hate speech law to reflect principled compromise. Principled compromise is characterized not merely by compromise over matters of principled concern but also by compromise which is itself governed by ideals of moral duty or civic virtue (e.g., reciprocity, equality, and mutual respect). The Open Access version of this book, available at https://doi.org/10.4324/9781315714899, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license. |
| above the law freedom of speech: The Harm in Hate Speech Jeremy Waldron, 2012-06-08 Every liberal democracy has laws or codes against hate speech—except the United States. For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities. Causing offense—by depicting a religious leader as a terrorist in a newspaper cartoon, for example—is not the same as launching a libelous attack on a group’s dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home. Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech. |
| above the law freedom of speech: On Liberty John Stuart Mill, 2016-08-05 In his much quoted, seminal work, On Liberty, John Stuart Mill attempts to establish standards for the relationship between authority and liberty. He emphasizes the importance of individuality which he conceived as a prerequisite to the higher pleasures-the summum bonum of Utilitarianism. Published in 1859, On Liberty presents one of the most eloquent defenses of individual freedom and is perhaps the most widely-read liberal argument in support of the value of liberty. |
| above the law freedom of speech: The Cost of Free Speech A. Levin, 2010-09-29 The distinctly contemporary proliferation of pornography and hate speech poses a challenge to liberalism's traditional ideal of a 'marketplace of ideas' facilitated by state neutrality about the content of speech. This new study argues that the liberal state ought to depart from neutrality to meet this challenge. |
| above the law freedom of speech: The Commercial Appropriation of Fame David Tan, 2017-04-20 9.1 A Pragmatic Cultural Framework for Legal Analysis -- 9.2 Concluding Remarks -- Bibliography -- Index |
| above the law freedom of speech: Striking a Balance Sandra Coliver, 1992 |
| above the law freedom of speech: Cyril of Alexandrias Refutations Cyril of Alexandria, 2018-10-23 Cyril of Alexandria was one of the earliest Christian apologetics as he fought against many types of false teaching varying in degree. Although the teachings that he was very carefully refuting were not really Gnostic in thought it is easy to see the Gnostic areas of influence that many of this opponents had. These various books collected here are presented to make it easier not only to read the truth as was needed back in the early church but also the arguments set forth by Cyril so that we can learn from the past and not fall into the same schools of false teaching today. |
| above the law freedom of speech: Media and Law Mathieu Deflem, Derek M. D. Silva, 2021-04-23 For its breadth and depth of research, this is an essential text for researchers and students of, sociology, law, criminology, and criminal justice. Everything from traditional mass media, to increasingly important social networking sites are explored to understand issues around free speech and censorship, in the modern day. |
| above the law freedom of speech: Hate Nadine Strossen, 2018 In HATE: Why We Should Resist it With Free Speech, Not Censorship, Strossen dispels the many misunderstandings that have clouded the perpetual debates about hate speech vs. free speech, and shows that the U.S. First Amendment approach effectively promotes all pertinent concerns: free speech, democracy, equality and societal harmony |
| above the law freedom of speech: Freedom of Speech Eric Barendt, 2005-08-11 Fully revised and updated, this title examines topical issues such as free speech and freedom of the press, as well as considering other important developments and legislation. |
| above the law freedom of speech: Contested Words Ian Cram, 2016-05-13 In modern liberal democracies, rights-based judicial intervention in the policy choices of elected bodies has always been controversial. For some, such judicial intervention has trivialized and impoverished democratic politics. For others judges have contributed to a dynamic and healthy dialogue between the different spheres of the constitution, removed from pressures imposed on elected representatives to respond to popular sentiment. This book provides a critical evaluation of ongoing debates surrounding the judicial role in protecting fundamental human rights, focusing in particular on legislative/executive abridgment of a core freedom in western society - namely, liberty of expression. A range of types of expression are considered, including expression related to electoral processes, political expression in general and sexually explicit forms of expression. |
| above the law freedom of speech: The Fight for Free Speech Ian Rosenberg, 2023-05-16 A user’s guide to understanding contemporary free speech issues in the United States Americans today are confronted by a barrage of questions relating to their free speech freedoms. What are libel laws, and do they need to be changed to stop the press from lying? Does Colin Kaepernick have the right to take a knee? Can Saturday Night Live be punished for parody? While citizens are grappling with these questions, they generally have nowhere to turn to learn about the extent of their First Amendment rights. The Fight for Free Speech answers this call with an accessible, engaging user’s guide to free speech. Media lawyer Ian Rosenberg distills the spectrum of free speech law down to ten critical issues. Each chapter in this book focuses on a contemporary free speech question—from student walkouts for gun safety to Samantha Bee’s expletives, from Nazis marching in Charlottesville to the muting of adult film star Stormy Daniels— and then identifies, unpacks, and explains the key Supreme Court case that provides the answers. Together these fascinating stories create a practical framework for understanding where our free speech protections originated and how they can develop in the future. As people on all sides of the political spectrum are demanding their right to speak and be heard, The Fight for Free Speech is a handbook for combating authoritarianism, protecting our democracy, and bringing an understanding of free speech law to all. |
| above the law freedom of speech: Free Speech Timothy Garton Ash, 2016-05-24 WINNER OF THE 2017 AL-RODHAN PRIZE Never in human history was there such a chance for freedom of expression. If we have Internet access, any one of us can publish almost anything we like and potentially reach an audience of millions. Never was there a time when the evils of unlimited speech flowed so easily across frontiers: violent intimidation, gross violations of privacy, tidal waves of abuse. A pastor burns a Koran in Florida and UN officials die in Afghanistan. Drawing on a lifetime of writing about dictatorships and dissidents, Timothy Garton Ash argues that in this connected world that he calls cosmopolis, the way to combine freedom and diversity is to have more but also better free speech. Across all cultural divides we must strive to agree on how we disagree. He draws on a thirteen-language global online project - freespeechdebate.com - conducted out of Oxford University and devoted to doing just that. With vivid examples, from his personal experience of China's Orwellian censorship apparatus to the controversy around Charlie Hebdo to a very English court case involving food writer Nigella Lawson, he proposes a framework for civilized conflict in a world where we are all becoming neighbours. Particularly timely. . . Garton Ash argues forcefully that. . . there is an increasing need for freer speech. . . A powerful, comprehensive book - The Economist |
| above the law freedom of speech: The Tyranny of Silence Flemming Rose, 2016-05-10 Journalists face constant intimidation. Whether it takes the extreme form of beheadings, death threats, government censorship or simply political correctness—it casts a shadow over their ability to tell a story. When the Danish newspaper Jyllands-Posten published the cartoons of the prophet Muhammad nine years ago, Denmark found itself at the center of a global battle about the freedom of speech. The paper's culture editor, Flemming Rose, defended the decision to print the 12 drawings, and he quickly came to play a central part in the debate about the limitations to freedom of speech in the 21st century. In The Tyranny of Silence, Flemming Rose writes about the people and experiences that have influenced his understanding of the crisis, including meetings with dissidents from the former Soviet Union and ex-Muslims living in Europe. He provides a personal account of an event that has shaped the debate about what it means to be a citizen in a democracy and how to coexist in a world that is increasingly multicultural, multireligious, and multiethnic. |
| above the law freedom of speech: Manual on Hate Speech Anne Weber, 2009-01-01 The right to freedom of expression entails duties and responsibilities and is subject to certain limits, provided for in Article 10.2 of the European Convention on Human Rights, which are concerned, among other things, with protecting the rights of others. Identifying what constitutes hate speech is especially difficult because this type of speech does not necessarily involve the expression of hatred or feelings.On the basis of all the applicable texts on freedom of expression and the case law of the European Court of Human Rights and other bodies, the author identifies certain parameters that make it possible to distinguish expressions which, although sometimes insulting, are fully protected by the right to freedom of expression from those which do not enjoy that protection. |
| above the law freedom of speech: A Textbook of Legal Studies for Class XII Kirthana Singh Khurana, Surendra Pal Singh, 2021-07-01 A Textbook of Legal Studies for Class XII In the last few decades, India has not only showcased itself as the world’s largest democracy but also exhibited the resilience of its institutions and the fortitude of its governance benchmarks. As India pursues a leadership position in the world community, the need for a rule-of-law society has become a necessary pre-condition. A compliant and law-abiding citizenry alone can build the requisite ecosystem for a nation to surge ahead. This calls for a greater legal literacy amongst its masses to enhance their understanding of public affairs as well their entitlements and duties as citizens. In the long run, this can also potentially eradicate the ethics deficit in society. Structured training in law not only helps the youth challenge their thought process and nurture analytical and negotiation skills but also prepares them for myriad opportunities and exciting career options. No wonder, in the last few years, apart from offering the traditional career in litigation, the law has established itself into fields like public service, academics, research, public policy, journalism, and various other emerging streams. To cater to this burgeoning demand for trained legal professionals, India has seen a tremendous growth of institutions like the National Law Universities and many private universities offering law courses, in addition to the expansion of the existing facilities. Central Board of Secondary Education’s decision to introduce ‘Legal Studies’ as an elective subject, in the year 2013-14 for the Class XI students and in the year 2014-15 for the Class XII students, could not have come at a better time. It is a testimony to the realisation that the introduction of an important subject like Legal Studies at an early stage can do wonders for the students who plan a career in the field of law. Even for those who may pursue other careers, their intellectual strength and the problem-solving abilities will be enhanced though the study of law. This book is a humble attempt to make a student’s first interface with the law as a subject an elevating experience. Care has been taken to make the presentation of the text simple and reader-friendly. The various units of the book, while meeting the requirements of the prescribed syllabus, offer comprehensive coverage of the aspects of law that have been covered. Important legal terms have been meticulously explained with examples to help the students develop a clear understanding about them. All relevant cases have been duly cited, and it has been ensured that the text comprises the latest information about the incorporated content. PREFACE Authors are confident that the book shall be extremely useful for the students of Class XII in developing a clear understanding of the various critical facets of law. They can also benefit immensely from the tips given by the authors for preparing for the examinations and scoring well. The book also has the potential to become a foundational text in the hands of those seeking a basic understanding of the Indian legal system. Our sincere thanks to Dr. B.L. Babel, retired District and Sessions Judge and an acclaimed author of innumerable law books, and Dr. Anil Kaushik, former Dean, Faculty of Law, M.G.S. University, Bikaner, and presently, Principal, S.D. Law (P.G.) College, Sri Ganganagar, Rajasthan, for guiding us in the development of the text. Special thanks to Mr. Sanjay Sardana and Mr. Sankalp Sardana of the Manav Mangal Group of Schools for helping us develop a perspective about the students’ expectations from the book. We would like to express our deep gratitude to Prof. Ramesh Arora and Mrs. Priyanka Sapra for their mentoring and consistent motivation in all our endeavours. We are deeply indebted to the publishers, Goyal Brothers Prakashan, particularly Mr. Suresh Goyal and his dedicated team for making this book a reality despite all the impediments posed by the pandemic. Their efforts in enhancing the presentation of the book are sincerely acknowledged. The authors shall also like to register their profound appreciation for the outstanding academic and research environment at the O.P. Jindal Global University, Sonipat, which helped in the conception and development of this book. In particular, the suggestions from a few students turned out to be invaluable in the development of this work, for which the authors shall remain indebted. Human efforts, howsoever ingenuous, are at best attempts seeking excellence and are liable to suffer from infirmities. We look forward to the feedback from our readers and shall be ever so keen to learn from their views and acknowledge the same appropriately. Last but by no reckoning the least, the authors would like to thank all their friends and family members profusely for their encouragement and constant support. |
| above the law freedom of speech: Q and A: Public Law 2007-2008 Richard Clements, Jane Kay, 2007 The ideal revision aid, Q&A Public Law gives students the opportunity to practise their exam techniques and evaluate and assess their progress. The book is divided into chapters covering each major topic on undergraduate law courses, and contains around fifty questions and answers designed to test even the best prepared student. Each chapter contains an introduction focusing on important legal aspects, and a flowchart is used to illustrate how to tackle questions on judicial review. After every question there is a commentary highlighting key points, followed by bullet-pointed answer plans, and finally a model answer. The authors discuss the most effective techniques for writing examination answers and tackling legal problems, showing exactly what the examiners are looking for. The authors have a long and varied experience of teaching constitutional and administrative law and related subjects at different universities. Jane Kay is now Assessments Tutor at the University of the West of England and is very much in touch with how examinations are set and marked. Online resource centre Q&A Public Law is accompanied by an Online Resource Centre providing annotated web links and a glossary of terms from the Dictionary of Law. |
| above the law freedom of speech: Freedom for the Thought That We Hate Anthony Lewis, 2010 More than any other people on earth, we Americans are free to say and write what we think. The press can air the secrets of government, the corporate boardroom, or the bedroom with little fear of punishment or penalty. This extraordinary freedom results not from America’s culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment.InFreedom for the Thought That We Hate, two-time Pulitzer Prize-winner Anthony Lewis describes how our free-speech rights were created in five distinct areas—political speech, artistic expression, libel, commercial speech, and unusual forms of expression such as T-shirts and campaign spending. It is a story of hard choices, heroic judges, and the fascinating and eccentric defendants who forced the legal system to come face to face with one of America’s great founding ideas. |
| above the law freedom of speech: Q & A Revision Guide: Human Rights and Civil Liberties 2012 and 2013 Steve Foster, 2012-01-12 This work shows students how to tackle examination questions in human rights and civil liberties, providing typical questions with model answers. It also offers guidance on how answers should be structured and the key points to convey. |
| above the law freedom of speech: Defamation and Freedom of Speech Dario Milo, 2008-02-14 The book examines the law of defamation, and argues that it must be reformed in a number of ways in order to balance two important constitutional rights, the right to reputation and the right to freedom of expression. The book analyses how far the media and others should be entitled to go in reporting on important matters of public interest in society, such as corruption and misconduct in public office. It also examines where the line should be drawn between a public figure's public and private life. |
| above the law freedom of speech: The Article 19 Freedom of Expression Handbook Sandra Coliver, Article 19 (Organization), 1993 7.3. Right of Reply |
| above the law freedom of speech: Free Speech and the Regulation of Social Media Content Valerie C. Brannon, 2019-04-03 As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken voluntarily and in good faith to restrict access to objectionable material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all. |
| above the law freedom of speech: LIFE , 1953-11-23 LIFE Magazine is the treasured photographic magazine that chronicled the 20th Century. It now lives on at LIFE.com, the largest, most amazing collection of professional photography on the internet. Users can browse, search and view photos of today’s people and events. They have free access to share, print and post images for personal use. |
| above the law freedom of speech: The Content and Context of Hate Speech Michael Herz, Peter Molnar, 2012-04-09 This volume considers whether it is possible to establish carefully tailored hate speech policies that recognize the histories and values of different countries. |
| above the law freedom of speech: An Introduction to the Study of the Law of the Constitution A.V. Dicey, 1985-09-30 A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions. |
| above the law freedom of speech: Ain't I A Woman? Sojourner Truth, 2020-09-24 'I am a woman's rights. I have plowed and reaped and husked and chopped and mowed, and can any man do more than that? I am as strong as any man that is now' A former slave and one of the most powerful orators of her time, Sojourner Truth fought for the equal rights of Black women throughout her life. This selection of her impassioned speeches is accompanied by the words of other inspiring African-American female campaigners from the nineteenth century. One of twenty new books in the bestselling Penguin Great Ideas series. This new selection showcases a diverse list of thinkers who have helped shape our world today, from anarchists to stoics, feminists to prophets, satirists to Zen Buddhists. |
| above the law freedom of speech: Oswaal NCERT One For All for UPSC & State PSC's Indian Polity Classes-6 to 12 (Old & New NCERT Edition) (For 2023 Exam) Oswaal Editorial Board, 2022-12-01 Benefits of the book which distinguish it from others: Complete coverage of NCERT syllabus. Useful for UPSC, State PSC and other competitive exams Chapter-wise summary to cover all important points Chapter wise NCERT based MCQs in levels: Moderate (State PSC and other government exams, Advance (UPSC) and Previous years questions of all relevant exams (UPSC, State PSC and other government exams) 100% detailed solutions Questions exactly as per exam pattern |
| above the law freedom of speech: Oswaal NCERT One for All Book For UPSC and State PSC's History, Geography, General Science, Indian Polity and Indian Economy (Set of 5 Books) (Old and New NCERT Edition) (For 2024 Exam) Oswaal Editorial Board, 2023-07-19 Description of the book: ♦Complete coverage of NCERT Textbook Latest Edition ♦Useful for UPSC, State PSCs and other central & state govt. competitive exams ♦Chapter-wise summary to cover all important points ♦Chapter-wise NCERT-based MCQs with difficulty levels: Moderate (State PSCs and other government exams, Advanced (UPSC) and Previous years questions of all relevant exams (UPSC, State PSC and other government exams) ♦100% detailed solutions ♦Questions exactly as per exam pattern |
| above the law freedom of speech: Free Speech on Campus Erwin Chemerinsky, Howard Gillman, 2017-09-12 Can free speech coexist with an inclusive campus environment? Hardly a week goes by without another controversy over free speech on college campuses. On one side, there are increased demands to censor hateful, disrespectful, and bullying expression and to ensure an inclusive and nondiscriminatory learning environment. On the other side are traditional free speech advocates who charge that recent demands for censorship coddle students and threaten free inquiry. In this clear and carefully reasoned book, a university chancellor and a law school dean—both constitutional scholars who teach a course in free speech to undergraduates—argue that campuses must provide supportive learning environments for an increasingly diverse student body but can never restrict the expression of ideas. This book provides the background necessary to understanding the importance of free speech on campus and offers clear prescriptions for what colleges can and can’t do when dealing with free speech controversies. |
| above the law freedom of speech: Concentrate Questions and Answers Human Rights and Civil Liberties Steve Foster, 2022-08-18 Concentrate QandA Human Rights and Civil Liberties guides you through how to structure a successful answer to a legal problem. Whether you are preparing for a seminar, completing assessed work, or in exam conditions, each guide shows you how to break down each question, take your learningfurther, and score extra marks.The Concentrate QandA series has been developed in collaboration with hundreds of law students and lecturers across the UK. Each book in this series offers you better support and a greater chance to succeed on your law course than any other QandA guide.'A sure-fire way to get a 1st class result' - Naomi M, Coventry University'I can't think of better revision support for my study' - Quynh Anh Thi Le, University of Warwick'My grades have dramatically improved since I started using the OUP QandA guides' - Glen Sylvester, Bournemouth University'My fellow students rave about this book' - Octavia Knapper, Lancaster University'These first class answers will transform you into a first class student' - Ali Mohamed, University of Hertfordshire'The best QandA books that I've read; the content is exceptional' - Wendy Chinenye Akaigwe, London Metropolitan UniversityTake it online: The 3rd edition is available in paperback, or e-book. Visit www.oup.com/lawrevision/ http://www.oup.com/lawrevision/ for multimedia resources to help you with revision and assessment. |
| above the law freedom of speech: Violations of Free Speech and Rights of Labor United States. Congress. Senate. Committee on Education and Labor, 1941 |
| above the law freedom of speech: Is There a Right of Freedom of Expression? Larry Alexander, 2005-06-06 A sceptical appraisal of the claim that freedom of expression is a human right. |
ABOVE Definition & Meaning - Merriam-Webster
The meaning of ABOVE is in the sky : overhead. How to use above in a sentence. Using Above as an Adjective or Noun: Usage Guide
ABOVE | English meaning - Cambridge Dictionary
ABOVE definition: 1. in or to a higher position than something else: 2. more than an amount or level: 3. most…. Learn more.
234 Synonyms & Antonyms for ABOVE - Thesaurus.com
Find 234 different ways to say ABOVE, along with antonyms, related words, and example sentences at Thesaurus.com.
Above - definition of above by The Free Dictionary
In or to a higher rank or position: the ranks of major and above. prep. 1. Over or higher than: a cool spring above the timberline. 2. Superior to in rank, position, or number; greater than: put …
ABOVE - Definition & Translations | Collins English Dictionary
Discover everything about the word "ABOVE" in English: meanings, translations, synonyms, pronunciations, examples, and grammar insights - all in one comprehensive guide.
What does above mean? - Definitions.net
What does above mean? This dictionary definitions page includes all the possible meanings, example usage and translations of the word above. Something, especially a person name in …
Above Definition & Meaning - YourDictionary
In, at, or to a higher place; overhead; up. In heaven; heavenward. In or to heaven. Upstairs. A table in the dining room above. Over or higher than. A cool spring above the timberline. Higher …
Above vs. Over: What's the Difference? - Grammarly
Above is used to indicate a higher level without implying contact, or signifies superiority or excess in quantity. Over, on the other hand, can imply contact, movement, or being directly superior to …
above: Meaning and Definition of - Infoplease
not subject or liable to; not capable of (some undesirable action, thought, etc.): above suspicion; to be above bad behavior. of too fine a character for: He is above such trickery. rather than; in …
Above | Meaning, Part of Speech & Phrases - QuillBot
Apr 14, 2025 · Above generally works in combination with the other elements of a sentence to mean that one thing is “over,” “higher,” or “more than” something else (e.g., “She lives in the …
ABOVE Definition & Meaning - Merriam-Webster
The meaning of ABOVE is in the sky : overhead. How to use above in a sentence. Using Above as an Adjective or Noun: Usage Guide
ABOVE | English meaning - Cambridge Dictionary
ABOVE definition: 1. in or to a higher position than something else: 2. more than an amount or level: 3. most…. Learn more.
234 Synonyms & Antonyms for ABOVE - Thesaurus.com
Find 234 different ways to say ABOVE, along with antonyms, related words, and example sentences at Thesaurus.com.
Above - definition of above by The Free Dictionary
In or to a higher rank or position: the ranks of major and above. prep. 1. Over or higher than: a cool spring above the timberline. 2. Superior to in rank, position, or number; greater than: put …
ABOVE - Definition & Translations | Collins English Dictionary
Discover everything about the word "ABOVE" in English: meanings, translations, synonyms, pronunciations, examples, and grammar insights - all in one comprehensive guide.
What does above mean? - Definitions.net
What does above mean? This dictionary definitions page includes all the possible meanings, example usage and translations of the word above. Something, especially a person name in legal …
Above Definition & Meaning - YourDictionary
In, at, or to a higher place; overhead; up. In heaven; heavenward. In or to heaven. Upstairs. A table in the dining room above. Over or higher than. A cool spring above the timberline. Higher than; …
Above vs. Over: What's the Difference? - Grammarly
Above is used to indicate a higher level without implying contact, or signifies superiority or excess in quantity. Over, on the other hand, can imply contact, movement, or being directly superior to …
above: Meaning and Definition of - Infoplease
not subject or liable to; not capable of (some undesirable action, thought, etc.): above suspicion; to be above bad behavior. of too fine a character for: He is above such trickery. rather than; in …
Above | Meaning, Part of Speech & Phrases - QuillBot
Apr 14, 2025 · Above generally works in combination with the other elements of a sentence to mean that one thing is “over,” “higher,” or “more than” something else (e.g., “She lives in the …
