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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.
Freedom of expression --- Political participation --- Democracy
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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"
Libel and slander --- Freedom of expression --- Privacy, Right of --- Freedom of expression. --- History.
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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.
Human rights --- Journalism --- Freedom of expression. --- Freedom of the 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?
Freedom of religion --- Freedom of expression --- Law --- General and Others
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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"--
Freedom of expression --- Intellectual property --- Moral and ethical aspects
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Law and art --- Law and ethics --- Freedom of expression --- Law and art. --- Law and ethics. --- Freedom of expression.
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