Truth and Privilege

2021 ◽  
Author(s):  
Lyndsay Campbell

Truth and Privilege is a comparative study that brings together legal, constitutional and social history to explore the common law's diverging paths in two kindred places committed to freedom of expression but separated by the American Revolution. Comparing Nova Scotia and Massachusetts, Lyndsay Campbell examines the development of libel law, the defences of truth and privilege, and the place of courts as fora for disputes. She contrasts courts' centrality in struggles over expression and the interpretation of individual rights in Massachusetts with concerns about defining protective boundaries for the press and individuals through institutional design in Nova Scotia. Campbell's rich analysis acts as a lens through which to understand the role of law in shaping societal change in the nineteenth century, shedding light on the essential question we still grapple with today: what should law's role be in regulating expression we perceive as harmful?

2021 ◽  
Author(s):  
◽  
Owen Mann

<p><b>This study examines the eight tours to New Zealand by visiting cricketing teams between 1930 and 1939. There were four tours made by the Marylebone Cricket Club along with inaugural visits by the West Indies, South Africa, an England Women's XI, and lastly the Julien Cahn XI. These tours were major events for contemporaries, attracting large crowds and much attention in the press. They are a focus for an examination of New Zealand’s relations with other parts of the world, specifically other parts of the Empire. The tours were major sporting events, but also prompted wider popular and public discussion of nationhood, race, gender and the role of sport in society and the Empire.</b></p> <p>For the New Zealand public in the 1930s, cricket was a game that connected them with their British and imperial heritage during a period of uncertainty. For the cricket community of New Zealand the tours were massive undertakings due to the substantial financial commitment required and poor results, but the tours continued because of the strong associations and core beliefs that cricket nurtured and because of a love of the game. Though these tours contained few moments of on-field achievement for the hosts they say much about how New Zealanders of that decade viewed themselves and others.</p> <p>Drawing primarily on the dense contemporary press coverage 'Confirming Tradition, Confirming Change' examines cricket's capacity to operate as more than a game - it acts as a conduit for understanding the broader social attitudes and beliefs of the time. Each of the tours contains an internal narrative concerning entrenched traditions and bonds and their interplay with newer realities and considerations. Cricket was largely administered by bodies that emphasised the traditions and conservative structures of the game, but the teams themselves represented and engaged with the changing expectations and realities of sport in this decade. Cricket was changing from within, exemplified by the expansion of test cricket but also influenced by external elements such as the growth of radio commentary and cinema. This study examines the eight tours in three chronologically bracketed chapters focusing on issues of race in the tours by the MCC of 1929-30, the West Indies in 1930-31 and South Africa in 1931-32; the issue of gender and identity in the tours by the MCC of 1932-33 and the England Women of 1934-35; and issues of professionalism/commercialism and differences in player and public expectations in the tours by the MCC in 1935-36, 1936-37 and the Julien Cahn XI in 1938-39. Throughout the eight tours there were tensions between tradition and change, sometimes exhibited between New Zealand crowds and visiting teams, sometimes between administrators and players. The tours may have reflected the weakness of New Zealand cricket, but the local players' and spectators' commitment to Empire is apparent through the continued perseverance at a sport that at the time represented imperial loyalty and global British communality.</p>


Author(s):  
William E. Nelson

This book examines the role of the common law in the life and politics of Great Britain’s North American colonies from the founding of Virginia in 1607 to the outbreak of the American Revolution in 1775–76. The main theme of the book is that when the different colonies were initially founded, they followed very different law—typically not the common law of England. But over the course of the seventeenth century and first half of the eighteenth century, the colonies all received the common law, with the result that by the 1750s the common law constituted the foundation of every colony’s law and every colony’s political system. Some of the colonies adopted the common law because of pressure from the Crown to do so, but others turned to the common law because of socioeconomic pressures on the ground. During the more than century-long process of reception, the common law gradually changed, and thus, what was on the ground in 1776 was not identical to the common law of England. Rather, it was a body of rules that would constitute a foundation for an Americanized version of the common law.


Author(s):  
Allison Aviki ◽  
Jonathan Cedarbaum ◽  
Rebecca Lee ◽  
Jessica Lutkenhaus ◽  
Seth P. Waxman ◽  
...  

In New York Times Co. v. United States,1 the Supreme Court confronted a problem that is inherent in a democratic society that values freedom of expression and, in particular, the role of the press in challenging the truthfulness of claims by the government, especially in the realm of national security. On the one hand, as Justice Potter Stewart wrote in his concurring opinion, “it is elementary” that “the maintenance of an effective national defense require[s] both confidentiality and secrecy.”...


2007 ◽  
Vol 13 (2) ◽  
pp. 47-60 ◽  
Author(s):  
Sophie Foster

Fiji’s fourth armed seizure of government on 5 December 2006 delivered more than a new administration - it heralded the onslaught of a new media environment. With a heavy military crackdown on dissenting opinion and subsequent self-censorship of mainstream media, anonymous weblogs became a safe option for expressing anti-coup views. But because some anonymous blogs allowed racist, defamatory and provocative views to flourish, the role of the press and journalistic ethics was also seen as important. This article examines how a new—and uneasy—media combination kept freedom of expression alive in the months following the coup d’état. Cartoon: © Malcolm Evans


2015 ◽  
Vol 21 (1) ◽  
pp. 177 ◽  
Author(s):  
Rukhsana Aslam

This article examines how the fundamental right of freedom of expression for news media in Pakistan continues to be threatened both by the government and conflicting parties, an issue that is compounded by the threat to the journalists’ safety and survival. Giving examples of three Pakistani journalists who lost their lives after their investigations during the America’s so called ‘War on Terror’, the article gives an account of the nature of the dangers and threats that are faced by the journalists in Pakistan who report on armed political conflicts. Drawing on the experiences of five other journalists, who were interviewed during research visits to Pakistan in 2012 and 2014, the author also reflects on the role of journalists in the light of the social responsibility theory and explores some of the factors that contribute towards making conflict reporting a dangerous business in Pakistan.Pictured: Figure 1: The Press in Stress report in 2012. Shown in the cover image is a curbside radio-seller in Quetta. FM radio is hugely popular in Balochistan. Image: Aurangzazib Khan


1969 ◽  
pp. 620
Author(s):  
Charles Tingley

This article explores the common law of defamation in Canada and whether it should be "constitutionalized" to comply with freedom of expression imperatives. Using a comparative law approach, the issue's development in Canada and the United States is explored. The author asserts that the short Canadian history of Charter challenges to the tort of defamation shows a misunderstanding of the considerable American experience in this area. By going beyond the limited sphere of jurisprudence to touch upon issues of political culture, constitutional interpretation and social history, the article deciphers the underlying reasons for the differences of judicial opinion in the U.S. and Canada. In so doing, the author dissolves the neat stereotypes derived from a superficial reliance on leading cases in each jurisdiction. The result has been the creation of a false polarity between the countries on the subject of free speech and defamation which eclipses viable compromise approaches to resolving the debate.


1992 ◽  
Vol 69 (4) ◽  
pp. 1039-1049 ◽  
Author(s):  
Edward Caudill

E. L. Godkin was the influential editor of both the Nation (1865–1899) and the New York Evening Post (1881–1899). This study concentrates on Godkin's attitude toward journalism, which was multi-dimensional; he saw journalism as having power to change for good but he also saw much pandering to popular audiences in the era of Joseph Pulitzer and William Randolph Hearst. Godkin himself wanted to make money and to change society, and he was successful in both ways. But he assailed editors and reporters for grubbing after facts and sensationalizing them. Godkin, like some others in this period between centuries, had mixed feelings about journalism, but he defended freedom of expression and the role of the press in democracy.


2021 ◽  
Author(s):  
◽  
Owen Mann

<p><b>This study examines the eight tours to New Zealand by visiting cricketing teams between 1930 and 1939. There were four tours made by the Marylebone Cricket Club along with inaugural visits by the West Indies, South Africa, an England Women's XI, and lastly the Julien Cahn XI. These tours were major events for contemporaries, attracting large crowds and much attention in the press. They are a focus for an examination of New Zealand’s relations with other parts of the world, specifically other parts of the Empire. The tours were major sporting events, but also prompted wider popular and public discussion of nationhood, race, gender and the role of sport in society and the Empire.</b></p> <p>For the New Zealand public in the 1930s, cricket was a game that connected them with their British and imperial heritage during a period of uncertainty. For the cricket community of New Zealand the tours were massive undertakings due to the substantial financial commitment required and poor results, but the tours continued because of the strong associations and core beliefs that cricket nurtured and because of a love of the game. Though these tours contained few moments of on-field achievement for the hosts they say much about how New Zealanders of that decade viewed themselves and others.</p> <p>Drawing primarily on the dense contemporary press coverage 'Confirming Tradition, Confirming Change' examines cricket's capacity to operate as more than a game - it acts as a conduit for understanding the broader social attitudes and beliefs of the time. Each of the tours contains an internal narrative concerning entrenched traditions and bonds and their interplay with newer realities and considerations. Cricket was largely administered by bodies that emphasised the traditions and conservative structures of the game, but the teams themselves represented and engaged with the changing expectations and realities of sport in this decade. Cricket was changing from within, exemplified by the expansion of test cricket but also influenced by external elements such as the growth of radio commentary and cinema. This study examines the eight tours in three chronologically bracketed chapters focusing on issues of race in the tours by the MCC of 1929-30, the West Indies in 1930-31 and South Africa in 1931-32; the issue of gender and identity in the tours by the MCC of 1932-33 and the England Women of 1934-35; and issues of professionalism/commercialism and differences in player and public expectations in the tours by the MCC in 1935-36, 1936-37 and the Julien Cahn XI in 1938-39. Throughout the eight tours there were tensions between tradition and change, sometimes exhibited between New Zealand crowds and visiting teams, sometimes between administrators and players. The tours may have reflected the weakness of New Zealand cricket, but the local players' and spectators' commitment to Empire is apparent through the continued perseverance at a sport that at the time represented imperial loyalty and global British communality.</p>


2017 ◽  
pp. 98-134 ◽  
Author(s):  
J. Tirole

In the fourth chapter of the book “The economy of the common good”, the nature of economics as a science and research practices in their theoretical and empirical aspects are discussed. The author considers the processes of modeling, empirical verification of models and evaluation of research quality. In addition, the features of economic cognition and the role of mathematics in economic research are analyzed, including the example of relevant research in game theory and information theory.


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