Download Freedom Of Speech Or Defamation Expressing Yourself On The Web full books in PDF, epub, and Kindle. Read online Freedom Of Speech Or Defamation Expressing Yourself On The Web ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Digital communicationparticularly via social networking siteshas quickly become a dominant form of interaction in our society and worldwide. The instantaneous convenience of conversation and dialog with friends down the street or strangers halfway across the globe is a wondrous technological development and one with enormous potential for relationship-strengthening, idea-sharing, and community-building. Yet the anonymity of digital communication and self-expression also provides some users with a false sense of impunity. They feel encouraged to say things they wouldn't say in a face-to-face encounter. Some of these posts can be bullying; some can involve hate speech or defamation. Readers will walk the line that separates harsh but legitimate criticism, which is protected by free speech provisions of the Constitution, from defamation and other illegal forms of expression. They also wade into these troubled waters, sort through the major legal precedents, and are provided with some invaluable guidelines to follow when expressing themselves or communicating with others via the Internet.
Book Synopsis Freedom of Speech or Defamation? Expressing Yourself on the Web by : Jason Porterfield
Download or read book Freedom of Speech or Defamation? Expressing Yourself on the Web written by Jason Porterfield and published by The Rosen Publishing Group, Inc. This book was released on 2012-12-15 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: Digital communicationparticularly via social networking siteshas quickly become a dominant form of interaction in our society and worldwide. The instantaneous convenience of conversation and dialog with friends down the street or strangers halfway across the globe is a wondrous technological development and one with enormous potential for relationship-strengthening, idea-sharing, and community-building. Yet the anonymity of digital communication and self-expression also provides some users with a false sense of impunity. They feel encouraged to say things they wouldn't say in a face-to-face encounter. Some of these posts can be bullying; some can involve hate speech or defamation. Readers will walk the line that separates harsh but legitimate criticism, which is protected by free speech provisions of the Constitution, from defamation and other illegal forms of expression. They also wade into these troubled waters, sort through the major legal precedents, and are provided with some invaluable guidelines to follow when expressing themselves or communicating with others via the Internet.
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.
Book Synopsis Protecting the right to freedom of expression under the European Convention on Human Rights by : Bychawska-Siniarska, Dominika
Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis Free Speech and the Regulation of Social Media Content by : Valerie C. Brannon
Download or read book Free Speech and the Regulation of Social Media Content written by Valerie C. Brannon and published by Independently Published. This book was released on 2019-04-03 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Freedom of Expression Toolkit: A Guide for Students by : Ming-kuok Lim
Download or read book Freedom of Expression Toolkit: A Guide for Students written by Ming-kuok Lim and published by UNESCO. This book was released on 2013 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt:
This consultation paper sets out the Government's proposals for reform of the law on defamation, aiming to achieve balance between protection of freedom of speech and the protection of reputation. The Government wants to ensure that the threat of libel proceedings is not used to frustrate robust scientific and academic debate, or to impede responsible investigative journalism and the valuable work undertaken by nongovernmental organisations. Issues included in the draft Bill are as follows: a new requirement that a statement must have caused substantial harm in order for it to be defamatory; a new statutory defence of responsible publication on matters of public interest; a statutory defence of truth (replacing the current common law defence of justification); a statutory defence of honest opinion (replacing the current common law defence of fair/honest comment); provisions updating and extending the circumstances in which the defences of absolute and qualified privilege are available; introduction of a single publication rule to prevent an action being brought in relation to publication of the same material by the same publisher after a one year limitation period has passed; action to address libel tourism by ensuring a court will not accept jurisdiction unless satisfied that England and Wales is clearly the most appropriate place to bring an action against someone who is not domiciled in the UK or an EU Member State; removal of the presumption in favour of jury trial, so that the judge would have a discretion to order jury trial where it is in the interests of justice.
Book Synopsis Draft Defamation Bill by : Great Britain: Ministry of Justice
Download or read book Draft Defamation Bill written by Great Britain: Ministry of Justice and published by The Stationery Office. This book was released on 2011-03-15 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: This consultation paper sets out the Government's proposals for reform of the law on defamation, aiming to achieve balance between protection of freedom of speech and the protection of reputation. The Government wants to ensure that the threat of libel proceedings is not used to frustrate robust scientific and academic debate, or to impede responsible investigative journalism and the valuable work undertaken by nongovernmental organisations. Issues included in the draft Bill are as follows: a new requirement that a statement must have caused substantial harm in order for it to be defamatory; a new statutory defence of responsible publication on matters of public interest; a statutory defence of truth (replacing the current common law defence of justification); a statutory defence of honest opinion (replacing the current common law defence of fair/honest comment); provisions updating and extending the circumstances in which the defences of absolute and qualified privilege are available; introduction of a single publication rule to prevent an action being brought in relation to publication of the same material by the same publisher after a one year limitation period has passed; action to address libel tourism by ensuring a court will not accept jurisdiction unless satisfied that England and Wales is clearly the most appropriate place to bring an action against someone who is not domiciled in the UK or an EU Member State; removal of the presumption in favour of jury trial, so that the judge would have a discretion to order jury trial where it is in the interests of justice.
This collection of thirteen new essays is the first to examine, from a range of disciplinary perspectives, how the new technologies and global reach of the Internet are changing the theory and practice of free speech. The rapid expansion of online communication, as well as the changing roles of government and private organizations in monitoring and regulating the digital world, give rise to new questions, including: How do philosophical defenses of the right to freedom of expression, developed in the age of the town square and the printing press, apply in the digital age? Should search engines be covered by free speech principles? How should international conflicts over online speech regulations be resolved? Is there a right to be forgotten that is at odds with the right to free speech? How has the Internet facilitated new speech-based harms such as cyber-stalking, twitter-trolling, and revenge porn, and how should these harms be addressed? The contributors to this groundbreaking volume include philosophers, legal theorists, political scientists, communications scholars, public policy makers, and activists.
Book Synopsis Free Speech in the Digital Age by : Susan J. Brison
Download or read book Free Speech in the Digital Age written by Susan J. Brison and published by Oxford University Press. This book was released on 2019-02-27 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of thirteen new essays is the first to examine, from a range of disciplinary perspectives, how the new technologies and global reach of the Internet are changing the theory and practice of free speech. The rapid expansion of online communication, as well as the changing roles of government and private organizations in monitoring and regulating the digital world, give rise to new questions, including: How do philosophical defenses of the right to freedom of expression, developed in the age of the town square and the printing press, apply in the digital age? Should search engines be covered by free speech principles? How should international conflicts over online speech regulations be resolved? Is there a right to be forgotten that is at odds with the right to free speech? How has the Internet facilitated new speech-based harms such as cyber-stalking, twitter-trolling, and revenge porn, and how should these harms be addressed? The contributors to this groundbreaking volume include philosophers, legal theorists, political scientists, communications scholars, public policy makers, and activists.
Because social media and technology companies rule the Internet, only a digital constitution can protect our rights online.
Book Synopsis Lawless by : Nicolas P. Suzor
Download or read book Lawless written by Nicolas P. Suzor and published by Cambridge University Press. This book was released on 2019-07-18 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because social media and technology companies rule the Internet, only a digital constitution can protect our rights online.
In a democracy that for over 200 years has prided itself on public participation and citizen involvement in government, thousands have been and will be the targets of multi-million-dollar lawsuits. They will be sued for such "all-American" activities as circulating a petition, writing a letter to the editor, testifying at a public hearing, reporting violations of the law, filing an official complaint, lobbying for legislation, or otherwise communicating their views. Such cases, named "Strategic Lawsuits Against Public Participation," with their apropos acronym, SLAPPs, are a shocking abuse of one of our most basic political rights - the Right to Petition. So extensive and grievous is the phenomenon that Justice Nicholas Colabella remarked, "Short of a gun to the head, a greater threat to First Amendment expression can scarcely be imagined."George W. Pring and Penelope Canan explore the full range of SLAPP stories in this first study of SLAPPs - retaliatory lawsuits by real estate developers; teachers; police; politicians; opponents of civil rights; consumers' rights; women's rights; and many others. This comprehensive book examines what happens to the targets of SLAPPs and what is happening to public participation in American politics. Addressing the ultimate dilemma - what can be done to turn the tables and fight back - Pring and Canan offer concrete, well-supported, balanced solutions for preventing, managing, and curing SLAPPs at all levels of government. Author note: George W. Pring is Professor of Law at the University of Denver. >P>Penelope Canan is Associate Professor of Sociology at the University of Denver. They are the co-directors of the Political Litigation Project at the University of Denver.
Book Synopsis SLAPPs by : George William Pring
Download or read book SLAPPs written by George William Pring and published by Temple University Press. This book was released on 1996 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a democracy that for over 200 years has prided itself on public participation and citizen involvement in government, thousands have been and will be the targets of multi-million-dollar lawsuits. They will be sued for such "all-American" activities as circulating a petition, writing a letter to the editor, testifying at a public hearing, reporting violations of the law, filing an official complaint, lobbying for legislation, or otherwise communicating their views. Such cases, named "Strategic Lawsuits Against Public Participation," with their apropos acronym, SLAPPs, are a shocking abuse of one of our most basic political rights - the Right to Petition. So extensive and grievous is the phenomenon that Justice Nicholas Colabella remarked, "Short of a gun to the head, a greater threat to First Amendment expression can scarcely be imagined."George W. Pring and Penelope Canan explore the full range of SLAPP stories in this first study of SLAPPs - retaliatory lawsuits by real estate developers; teachers; police; politicians; opponents of civil rights; consumers' rights; women's rights; and many others. This comprehensive book examines what happens to the targets of SLAPPs and what is happening to public participation in American politics. Addressing the ultimate dilemma - what can be done to turn the tables and fight back - Pring and Canan offer concrete, well-supported, balanced solutions for preventing, managing, and curing SLAPPs at all levels of government. Author note: George W. Pring is Professor of Law at the University of Denver. >P>Penelope Canan is Associate Professor of Sociology at the University of Denver. They are the co-directors of the Political Litigation Project at the University of Denver.
Book Synopsis Freedom of expression and public order by : Daudin Clavaud, Paul
Download or read book Freedom of expression and public order written by Daudin Clavaud, Paul and published by UNESCO Publishing. This book was released on 2015-01-23 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 neighbors.
Book Synopsis Free Speech by : Timothy Garton Ash
Download or read book Free Speech written by Timothy Garton Ash and published by Yale University Press. This book was released on 2016-05-24 with total page 701 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 neighbors.
