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A right to offend
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ISBN: 9781849660037 9781849660150 1849660158 1849660034 Year: 2012 Publisher: London Bloomsbury

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Freedom of expression: in constitutional and international case law
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ISBN: 9789287164643 9287164649 Year: 2010 Publisher: Strasbourg Council of Europe

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Our democratic First amendment
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ISBN: 1108676375 1108583423 1108753256 1108484808 Year: 2020 Publisher: Cambridge : Cambridge University Press,

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The First Amendment to the US Constitution protects free speech, freedom of the press, freedom of association and assembly, and the right to petition the government. Why did the Framers protect these particular rights? What role were these rights intended to play in our democracy? And what force do they retain in today's world? In this highly readable account, Ashutosh Bhagwat explores the answers to these questions. The first part of the book looks at the history of the First Amendment, early political conflicts over its meaning, and the lessons to be learned from those events about the nature of our system of government. The second part applies those lessons to our modern, fractious democracy as it has evolved in the age of the Internet and social media. Now as then, the key to maintaining that democracy, it turns out, is an active citizenry that fully embraces the First Amendment.

Copyright's paradox
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ISBN: 9780195137620 0195137620 Year: 2008 Publisher: Oxford ; New York : Oxford University Press,

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The legacy of Peter Forsskål : 250 years of freedom of expression
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ISBN: 9789187957635 9187957639 Year: 2017 Publisher: Göteborg : Nordicom,

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Comparative Privacy and Defamation
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ISBN: 9781788970587 1788970586 1788970594 Year: 2020 Publisher: Edward Elgar Publishing

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Providing comparative analysis that examines both Western and non-Western legal systems, this wide-ranging Handbook expands and enriches the existing privacy and defamation law literature and addresses the fundamental issues facing today's scholars and practitioners. Comparative Privacy and Defamation provides insightful commentary on issues of theory and doctrine, including the challenges of General Data Protection Regulations (GDPR) and the impact of new technologies on the law. Chapters explore the origins and development of the right to privacy, privacy rights of photographic subjects and defamation by photo-manipulation, and the right to be forgotten. Containing contributions from expert international scholars, this comprehensive Handbook investigates the liability of internet intermediaries in cases of defamation and the emerging problem of global injunctions before concluding with eight country focussed studies. Engaging and accessible, this Handbook will be a key resource for students and scholars researching in the fields of privacy and defamation law, internet and technological law and information and media law"


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The assault on journalism : building knowledge to protect freedom of expression
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ISBN: 9789187957505 9789187957512 9187957507 9187957515 Year: 2017 Publisher: Göteborg : Nordicom, University of Gothenburg,

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To support joint efforts to protect journalism, there is a growing need for research- based knowledge. Acknowledging this need, the aim of this publication is to highlight and fuel journalist safety as a field of research, to encourage worldwide participation, as well as to inspire further dialogues and new research initiatives. The contributions represent diverse perspectives on both empirical and theoretical research and offer many quantitatively and qualitatively informed insights. The articles demonstrate that a new important interdisciplinary research field is in fact emerging, and that the fundamental issue remains identical: Violence and threats against journalists constitute an attack on freedom of expression.The publication is the result of collaboration between the UNESCO Chair at the University of Gothenburg, UNESCO, IAMCR and a range of other partners.


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Legal responses to religious practices in the United States : accommodation and its limits
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ISBN: 1139889087 1139579592 1139572776 1139152181 1139573543 113956921X 1139571028 1283638738 1139570110 9781139569217 9781139572774 9781107023680 1107023688 9781139152181 9781107692442 110769244X Year: 2012 Publisher: Cambridge : Cambridge University Press,

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There is an enormous scholarly literature on law's treatment of religion. Most scholars now recognize that although the US Supreme Court has not offered a consistent interpretation of what 'non-establishment' or religious freedom means, as a general matter it can be said that the First Amendment requires that government not give preference to one religion over another or, although this is more controversial, to religion over non-belief. But these rules raise questions that will be addressed in Legal Responses to Religious Practices in the United States: namely, what practices constitute a 'religious activity' such that it cannot be supported or funded by government? And what is a religion, anyway? How should law understand matters of faith and accommodate religious practices?


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Intellectual property and immorality : against protecting harmful creations of the mind
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ISBN: 9780197614402 Year: 2021 Publisher: New York, NY : Oxford University Press,

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"This book argues that certain intellectual creations should not receive copyright or patent protection because they are harmful to society. It posits that the theories of intellectual property and the Intellectual Property Clause of the U.S. Constitution suggest this conclusion. The book responds to counterarguments: namely, that denying protection might increase the output of objectionable works, that other laws should address the moral problems; and that intellectual property functions better under a laissez-faire approach. After responding to these arguments, the book considers the roles of government actors in denying protection. It argues that courts should exercise their powers of equity to deny relief for works that are connected to unlawful acts of the rights-holder, and that courts should exercise their constitutional powers to deny protection for specific categories of harmful expressions and inventions. Next, the book considers whether Congress has constitutional authority to deny protection for works that it considers to be immoral. In concluding that Congress does have such authority, the book sets forth specific criteria that Congress should apply in exercising its moral discretion. Finally, the book considers whether denying intellectual property protection on moral grounds would violate the Free Speech Clause of the First Amendment. It concludes that principles of free speech afford Congress considerable discretion to deny patent protection but only narrow discretion to deny copyright protection. It also concludes that the Free Speech Clause is consistent with judicial denial of protection for the limited categories of works that fall outside the Intellectual Property Clause"--


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Freedom of artistic expression : essays on culture and legal censure
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ISBN: 9781841130804 184113080X Year: 2013 Publisher: Oxford : Hart Publishing,

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