Part III, 12 Religious Expression

Author(s):  
Ahdar Rex ◽  
Leigh Ian

This chapter begins with discussions of the importance of the freedom of religious expression and how religious liberty can conflict with free speech. It then considers protections for religious speech, restrictions on anti-religious speech, and limitations on religious expression. It argues that free speech is the best defence for a tolerant open society in which diversity of religious expression flourishes. There are clear signs, however, that these values are under threat, both for reasons concerned ostensibly with protecting public order, non-discrimination and, paradoxically, religious liberty itself.

Author(s):  
Gautam Bhatia

This chapter examines religious speech, and the tensions between religion and freedom of expression. As a wide-ranging system of moral beliefs and commitments, religion, by its very nature, assigns to the freedom of expression a particular place in its hierarchical order of values. In non-theocratic States, this may clash with the (higher) normative value accorded to the freedom of expression under the secular order. Religious claims themselves will often be made from within the constitutional system: that is, the State’s own constitutional commitment to protect religious freedom will be invoked to argue that, in certain domains, the secular order must defer to religion’s hierarchy of values. This may include the subordination of religious expression to revealed religious truth. Disputes will often also involve contestation over a constellation of other constitutional norms, such as the commitment to maintaining diversity and pluralism, the right to equality and cultural dissent, and not least, the imperatives of public order. Consequently, such disputes raise a host of complex issues. The State’s adjudicatory authorities must decide whether to attempt an accommodation between the conflicting claims of religion and free speech, or privilege one over the other. The chapter then discusses the role of religion in censorship.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Porismita Borah

PurposeThe current study has three main purposes: (1) replicate results from prior framing effects studies on social media. To do so, the study examines the influence of news frames (free speech vs. public order) on participants' attitudes toward an alt-right rally (2) expand prior research by examining the emotional reaction of participants to these frames and (3) probe the moderating effects of face-to-face heterogenous talk and heterogenous social media feeds.Design/methodology/approachDrawing from theoretical concepts such as competitive framing, emotions and heterogeneity, the study uses a randomized online experiment. The study examines a conversation in a Twitter thread that includes both free speech and public order frames in the comments to the thread. The total number of participants was 275.FindingsThe results show that free speech versus public order frame did not impact attitudes of the participants toward the alt-right rally. Findings also show the significant main effects of free speech and public order frames and the interaction of exposure to heterogeneity on emotional reactions of outrage and anger toward the alt-right rally. These findings suggest that framing research needs to take social media features into consideration for a complete picture of framing effects on social media.Originality/valueUsing a classic framing effects experiment, the study includes variables relevant to social media discussions on Twitter and examined the moderating effects of heterogeneity on emotional reactions. In addition, one of the important methodological contributions of the current study are the framing manipulations for an externally valid experimental design.


2021 ◽  
pp. 57-82
Author(s):  
George Thomas

Early conflicts over religious liberty and freedom of speech reveal that while we can agree on the Constitution’s text, we can profoundly disagree over the unwritten ideas we think the text represents. Debates about religion and free speech point to deeper unwritten principles that are at the very heart of America’s constitutional republic. The first debate deals with the prohibition on religious tests for office in Article VI. The second speaks to freedom of speech and press. In these early debates about religious liberty and freedom of speech, the antagonists agreed on the wording of constitutional text; they disagreed profoundly on the principles and political theory that underlie it in their understanding of America’s new republic. These early arguments reveal the importance of constructing constitutional meaning from the unwritten ideas that underlie the constitutional text.


Art Attacks ◽  
2018 ◽  
pp. 29-57
Author(s):  
Malvika Maheshwari

The preliminary chapter outlines the conceptual foundation of India’s free speech regime by focussing on the debates of the Constituent Assembly of India that took place between 1946 and 1949, and traces the development of Article 19 of the Constitution, which guarantees all citizens the right to free speech and expression, albeit with certain ‘reasonable restrictions’ such as public order, decency and morality, and security of the state, among others. While offering a synoptic account of the sundry forms that the right to free speech took as the framers navigated the discrepancies between their imagined ideal and the existent, conflicting reality, the idea is not to uncover some grand master-plan of the Indian democracy from which it has faltered, but to explore how it might lend a fissure to the violent accusations of offending religious, cultural, or national sentiments in contemporary India.


2018 ◽  
Vol 9 (2) ◽  
pp. 38-51
Author(s):  
Iwona Zamkowska

The aim of the research is to confirm whether “God’s Not Dead” (2016) production is an adequate portrayal of religious liberty of school officials in present-day K-12 schools in the United States. The author limited the discussion to the essential problem questions inspired by the production, such as teachers’ right to express their religious views both in the formal setting of a class discussion, and out-of-class informal exchange with students and fellow faculty members. The problem was discussed against the backdrop of selected legal and legislative acts that determine the scope of teachers’ religious expression, such as selected courts’ decisions, official federal guidelines issued by the Department of Education as well as the guides published by non-government organizations. The results of the Bible Literacy Project as well as interviews with several school officials were utilized to further verify the basic concepts of the research. The source texts were analyzed using a close reading method. The study seems to prove that due to the complexity of the legal system as well as the discrepancy between the lines of decisions reached in lower courts it difficult to unambiguously assess the probability of the scenario featured in the movie. However, observable trends in case law and governmental control over teachers’ in-class speech appear to imply that the script is definitely accurate in its portrayal of a legal liability of teachers, and possibly less so in respect of the favorable outcome of the dispute.


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