Scholars have generally assumed that authoritarianism and rule of law are mutually incompatible. Convinced that free markets and rule of law must tip authoritarian societies in a liberal direction, ...nearly all studies of law and contemporary politics have neglected that improbable coupling: authoritarian rule of law. Through a focus on Singapore, this book presents an analysis of authoritarian legalism. It shows how prosperity, public discourse, and a rigorous observance of legal procedure have enabled a reconfigured rule of law such that liberal form encases illiberal content. Institutions and process at the bedrock of rule of law and liberal democracy become tools to constrain dissent while augmenting discretionary political power - even as the national and international legitimacy of the state is secured. This book offers a valuable and original contribution to understanding the complexities of law, language and legitimacy in our time.
Americans of all political persuasions fear that "free speech" is under attack. This may seem strange at a time when legal protections for free expression remain strong and overt government ...censorship minimal. Yet a range of political, economic, social, and technological developments have raised profound challenges for how we manage speech. New threats to political discourse are mounting-from the rise of authoritarian populism and national security secrecy to the decline of print journalism and public trust in experts to the "fake news," trolling, and increasingly subtle modes of surveillance made possible by digital technologies. The Perilous Public Square brings together leading thinkers to identify and investigate today's multifaceted threats to free expression. They go beyond the campus and the courthouse to pinpoint key structural changes in the means of mass communication and forms of global capitalism. Beginning with Tim Wu's inquiry into whether the First Amendment is obsolete, Matthew Connelly, Jack Goldsmith, Kate Klonick, Frederick Schauer, Olivier Sylvain, and Heather Whitney explore ways to address these dangers and preserve the essential features of a healthy democracy. Their conversations with other leading thinkers, including Danielle Keats Citron, Jelani Cobb, Frank Pasquale, Geoffrey R. Stone, Rebecca Tushnet, and Kirsten Weld, cross the disciplinary boundaries of First Amendment law, internet law, media policy, journalism, legal history, and legal theory, offering fresh perspectives on fortifying the speech system and reinvigorating the public square.
Freedom of expression is in peril in India. To be fair, the Indian Supreme Court has never been a devout protector of freedom of expression. When presented with the option, it has often leaned ...towards permitting limitations, so long as the restrictions are properly framed under the language of Article 19(2) of the constitution. Yet, faced with the current illiberal onslaught, there is a possibility that even the few gains that have been made in this area of the court’s jurisprudence will be lost. Situated in this context, this article discusses the recent ban issued by the Indian government on a BBC documentary on India’s prime minister, the jurisprudence of the Indian supreme court on the interception of online material, and the legal measures introduced to regulate freedom of expression on the internet.
In this provocative book, Alexander offers a sceptical appraisal of the claim that freedom of expression is a human right. He examines the various contexts in which a right to freedom of expression ...might be asserted and concludes that such a right cannot be supported in any of these contexts. He argues that some legal protection of freedom of expression is surely valuable, though the form such protection will take will vary with historical and cultural circumstances and is not a matter of human right. Written in a clear and accessible style, this book will appeal to students and professionals in political philosophy, law, political science, and human rights.
In 2014, the Sunflower Movement in Taiwan grabbed international attention as citizen protesters demanded the Taiwan government withdraw its free-trade agreement with China. In that same year, in Hong ...Kong, the Umbrella Movement sustained 79 days of demonstrations, protests that demanded genuine universal suffrage in electing Hong Kong's chief executive. It too, became an international incident before it collapsed. Both of these student-led movements featured large-scale and intense participation and had deep and far- reaching consequences. But how did two massive and disruptive protests take place in culturally conservative societies? And how did the two "occupy"-style protests against Chinese influences on local politics arrive at such strikingly divergent results? Challenging Beijing's Mandate of Heaven aims to make sense of the origins, processes, and outcomes of these eventful protests in Taiwan and Hong Kong. Ming-sho Ho compares the dynamics of the two movements, from the existing networks of activists that preceded protest, to the perceived threats that ignited the movements, to the government strategies with which they contended, and to the nature of their coordination. Moreover, he contextualizes these protests in a period of global prominence for student, occupy, and anti- globalization protests and situates them within social movement studies.
The issue of the right to freedom of expression and pornography needs to be studied from a human rights perspective in terms of universalism and particularism. Pornography has the potential to have ...different standards depending on the time and place of a person’s use of clothing and the extent to which the law restricts pornographic behavior. This study aims to unravel pornography and freedom of expression in the digital space from the Perspective of Human Rights Particularism. The research method used is normative legal research. The results reveal that freedom of expression in Indonesia is intertwined with the dimension of human rights particularism, especially Pancasila so all forms of protests that contain pornography disseminated through the digital space are contrast to the value of Indonesian human rights particularism.
Glukhin v. Russia Monika Zalnieriute
The American journal of international law,
12/2023, Letnik:
117, Številka:
4
Journal Article
Recenzirano
Facial recognition technologies-freedom of expression-right to private life-surveillance-protest- biometric data-data privacy--European Convention on Human Rights.
Dinar Candy expressed her feeling to PPKM by wearing bikini in the roadside which caused her be stipulated as the suspect of phornography. Dinar Candy’s case brought to the thoughts on the limitation ...of pornography meaning and the determination on freedom of expression in action of wearing bikini. The research is conducted through a qualitative approach using secondary data. The results show, first: phornograph is limited by ‘subjective reason’ such as if the phornography is aimed for personal interest, then the action is not phornography. The other is ‘action-room limitation’ in which an action can be formulated as phornography if the standard and characteristic in the room where the action is done consideres that the action is obscene or aims to sexual exploitation. The room refers to specific place such as beach, roadside, hotel, or other specific places, not wide social room. Second: If someone’s feeling is expressed by wearing bikini in a room which based on its decency standard allows to wear bikini, then the action can be determined as freedom of expression. In contrary, in a room where bikini is considered against morality, or it is spread to public, then such action is againsting the phornogrphy law.How to cite item: Donandi S, S. (2022). Dinar Candy, pornography, freedom of expression, and the law. Jurnal Cakrawala Hukum, 13(2). 202-213. doi:10.26905/idjch.v13i2.6517.
Hugh M. Hefner's legacy of enduring free speech and free press values is embodied in the Hugh M. Hefner First Amendment Awards, established in 1979, which honor leading First Amendment scholars and ...advocates. Hefner also had a lifelong interest in film censorship issues and supported teaching about them at the University of Southern California for 20 years. His deep commitment to these values was confirmed when the author was granted unrestricted access to over 3,000 personal scrapbooks, which Hefner had kept in order to track free speech and press issues during his lifetime. The format of the book is an homage to the in-depth conversational interviews Hefner pioneered as the editor and publisher of Playboy magazine. Stuart Brotman conducted in-person conversations with eight persons who in their lifetimes have come to represent a "greatest generation" of free speech and free press scholars and advocates. Notably, these conversations include:Geoffrey R. StoneFloyd AbramsNadine StrossenBurt NeuborneDavid D. ColeLucy A. DalglishBob Corn-RevereRick Jewell
