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Free Speech in the Balance is the first comprehensive study of proportional analysis in free speech theory. This book challenges the US Supreme Court's categorical approach and explains the importance of understanding the breadth of concerns arising from regulations directly and indirectly impacting expression. The author provides in-depth analysis of some of the important social and political principles governing topics of vital concern, including campaign financing, university speech codes, secondary school rules, incitement, and threats. This book should be read by students and scholars of free speech theory and anyone interested in learning more about the history of existing law, the issues of current importance, and trends in expressive significance.
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Why do we protect free speech? What values does it serve? How has the Supreme Court interpreted the First Amendment? What has the Court gotten right and wrong? Why are current debates over free expression often so divisive? How can we do better? In this succinct but comprehensive and scholarly book, authors Len Niehoff and Thomas Sullivan tackle these pressing questions. Free Speech: From Core Values to Current Debates traces the development and evolution of the free speech doctrine in the Supreme Court and explores how the Court - with varying levels of success - has applied that doctrinal framework to "hard cases" and current controversies, such as those involving hate speech, speech on the internet, speech on campus, and campaign finance regulation. This is the perfect volume for anyone - student, general reader, or scholar - looking for an accessible overview of this critical topic.
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Liberal democracies are experiencing changes of policies in the name of security, populism, polarization and an increasingly hardened rhetoric in the exchange of opinions and beliefs. How does this environment affect the universities and university colleges that are expected, if not required, to constitute an arena for free and open debate, for curiosity-driven research, and democratic, open, and student-centred learning? When is interference with freedom of expression necessary in a democratic society? Is freedom of expression in universities under threat? And what can be done to safeguard academic freedom and freedom of expression on campus?
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This book features new perspectives on the ethics and politics of free speech. Contributors draw on insights from philosophy, psychology, political theory, journalism, literature, and history to respond to pressing problems involving free speech in liberal societies. Recent years have seen an explosion of academic interest in free speech. However, most recent work has focused on constitutional protections for free speech and on issues related to academic freedom and campus politics. The chapters in this volume set their sights more broadly on the non-state problems that we collectively face in attempting to realize a healthy environment for free discourse. The volume's contributors share the assumption that threats to free speech do not come exclusively from state sources or bad actors, but from ordinary strategic situations in which all may be acting in good faith. Contributors take seriously the idea that our current cultural moment provides plenty of reason to be concerned about our intellectual climate and offer new insights for how to make things better. New Directions in the Ethics and Politics of Speech will be of interest to researchers and students working in ethics, political philosophy, social theory, and law.
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Bans on organizations are not part of the traditional range of instruments used in dealing with extremist phenomena in the Swiss legal system. In recent years, however, there has been a paradigm shift in this regard, especially since there has been a general, abstract basis for a ban on extremist organizations in individual cases for the first time since September 1, 2017. This thesis is devoted to the question of the conditions under which a ban on extremist organizations is permissible from a constitutional point of view. To this end, the author examines whether and to what extent extremist efforts enjoy protection under fundamental rights. He also examines the existing legal bases for bans on organisations, specifically Article 74 of the Intelligence Service Act (NDG), for their conformity with the constitution. Organisationsverbote zählen in der schweizerischen Rechtsordnung nicht zum traditionellen Instrumentarium im Umgang mit extremistischen Phänomenen. In den vergangenen Jahren zeichnet sich diesbezüglich allerdings ein Paradigmenwechsel ab, zumal seit 1. September 2017 erstmals eine generell-abstrakte Grundlage für ein Verbot von extremistischen Organisationen im Einzelfall besteht. Die vorliegende Arbeit widmet sich der Frage, unter welchen Voraussetzungen ein Verbot von extremistischen Organisationen unter verfassungsrechtlichem Blickwinkel zulässig ist. Zu diesem Zweck untersucht der Autor, ob und inwieweit extremistische Bestrebungen grundrechtlichen Schutz geniessen. Weiter überprüft er die bestehenden Rechtsgrundlagen für Organisationsverbote, namentlich Art. 74 des Nachrichtendienstgesetzes (NDG), auf ihre Verfassungskonformität hin.
Freedom of speech. --- Freedom of speech --- Social aspects.
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Keine ausführliche Beschreibung für "Das Recht der freien Meinungsäußerung. Der Begriff des Gesetzes in der Reichsverfassung" verfügbar.
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What is Wrong with the First Amendment? argues that the US love affair with the First Amendment has mutated into free speech idolatry. Free speech has been placed on so high a pedestal that it is almost automatically privileged over privacy, fair trials, equality and public health, even protecting depictions of animal cruelty and violent video games sold to children. At the same time, dissent is unduly stifled and religious minorities are burdened. The First Amendment benefits the powerful at the expense of the vulnerable. By contrast, other Western democracies provide more reasonable accommodations between free speech and other values though their protections of dissent, and religious minorities are also inadequate. Professor Steven H. Shiffrin argues that US free speech extremism is not the product of broad cultural factors, but rather political ideologies developed after the 1950s. He shows that conservatives and liberals have arrived at similar conclusions for different political reasons.
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