Whose Words Hurt? Contextual Determinants of Offensive Speech

2021 ◽  
pp. 014616722110261
Author(s):  
Manuel Almagro ◽  
Ivar R. Hannikainen ◽  
Neftalí Villanueva
Keyword(s):  
Legal Status ◽  
Freedom Of Expression ◽  
Target Group ◽  
Prior Work ◽  
Linguistic Features ◽  
Contextual Features ◽  
Contextual Determinants ◽  
Offensive Speech

Tracing the boundaries of freedom of expression is a matter of wide societal and academic import—especially, as these boundaries encroach on the politics of inclusion. Yet, the elements that constitute offensive speech and determine its legal status remain poorly defined. In two studies, we examined how lay judges evaluate the offensiveness of apparently descriptive statements. Replicating prior work, we found that non-linguistic features (including speaker intent and outcomes on the audience) modulated the statements’ meaning. The speaker’s identity—and, in particular, their membership in the target group—independently influenced evaluations of offensive speech among conservatives and progressives alike. When asked to disclose their abstract principles, or jointly evaluate two contrastive cases, participants tended to deny the relevance of identity while primarily endorsing the intent principle. Taken together, our findings confirm that assessments of offensive speech are governed by contextual features, some of which are not introspectively deemed relevant.

The Nature of Offence

2021 ◽  
pp. 7-34
Author(s):  
Nicholas Hatzis
Keyword(s):  
Free Speech ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Special Problem ◽  
Free Expression ◽  
Way Of Life ◽  
Narrow Definition ◽  
State Coercion ◽  
Definition Of ◽  
Offensive Speech

The experience of suffering offence relates to a constellation of unpleasant feelings stirred up when one’s expectations of being treated in a certain way are frustrated. This chapter explores how the nature of offence matters for the way the law responds to offensive conduct. Prohibiting speech which offends poses a special problem because it clashes with the free speech principle, i.e. the idea that there is something particularly important in being allowed to speak our minds, which sets free expression apart from a general liberty claim to choose a way of life. It is suggested that when deciding what should count as properly offensive for the purpose of exercising state coercion, only a very narrow definition of offensive speech is compatible with the values underlying freedom of expression. Then, offensive speech is distinguished from hate speech. As the two are morally different, it is inappropriate to borrow arguments from the hate speech debate to justify restrictions on offensive speech.

‘Cyber hate’ vs. ‘cyber deliberation’

2017 ◽  
Vol 16 (6) ◽  
pp. 759-781 ◽  
Author(s):  
Niku Dorostkar ◽  
Alexander Preisinger
Keyword(s):  
Freedom Of Expression ◽  
Editorial Staff ◽  
Linguistic Features ◽  
Online Newspaper ◽  
Discourse Strategies ◽  
Racist Discourse ◽  
Automated Tools ◽  
Discourse Historical Approach

Abstract Our contribution deals with an Austrian case study on racist discourse strategies in the forums of the Austrian online newspaper derStandard.at. First, we will consider forums as a communicative form characterised by specific linguistic features as well as its technical and functional design. Furthermore, we will present an analysis of the reader’s postings from a critical-discursive perspective following the discourse-historical approach, where the readers’ comments on articles on migration and language are investigated against the background of online-specific communication. Another subject of discussion will be areas of conflict between freedom of expression, deliberation and the ‘censorship’ of the forums by the editorial staff with the help of semi-automated tools for filtering out explicit racist postings. Finally, we discuss chances and risks of the investigated forums regarding discursive and social practices within democratically constituted societies and address the question which actions can be taken to improve the quality of such forums.

scholarly journals LEGAL INSTITUTION FOR DEMOCRATIC CIVIL CONTROL OVER ACTIVITY OF SECURITY AND DEFENSE SECTOR OF UKRAINE: STATE-OF-THE-ART OF NORMATIVE LEGAL REGULATION

2021 ◽  
pp. 39-44
Author(s):  
V.L. Zolka
Keyword(s):  
Legal Status ◽  
Freedom Of Expression ◽  
Legal Regulation ◽  
The State ◽  
Legal Institution ◽  
Military Organizations ◽  
Military Administration ◽  
The Status ◽  
Control Institution ◽  
Public Monitoring

The article is dedicated to study the status of legal regulation of legal institution “Democratic civil control over activity of security and defense sector of Ukraine” and to substantiate the theoretical recommendation as regards improvement of military and security legislation. It has been proved that uncontrollable military organizations and law enforcing bodies of the state bring potential danger both individuals and society’s humanistic values. They are dangerous because of unbalanced mechanism of the democratic civil control. Disruption of containment mechanism and counterbalance in the power separation system in the state, usurpation of power by one person or group of people can paralyze not only power itself but other institutions of society. Subjects of state segments for democratic civil control turn to be the attendant bodies of political will by one person, the certain cover-up and justification of unlawful violation. Under those conditions the civil monitoring of institutions in the security and defense sector of Ukraine becomes inefficient. Their subjects experience limitations: such as access to information of law-enforcement authorities and military formations; implementation of freedom of expression.   Most of substantial reactions are left unattended by state jurisdiction and military administration. Their legal status also remains imperfect and deprived of real impact gears on the objects under control. It has been proved that in order to ensure efficiency of openness and transparency in activity of Security and Defense Sector it is required to implement the complex of organizational and legal measures such as an active elucidative campaign for the purpose of bringing to essentiality, goal, form and tools of public control over SDS and to consolidate new philosophy where the civil control will take leading place. The certain declaratory of the most mechanisms of civil control institution have been deduced herein. The means to improve situation in this field are proposed to be developed by participation of interested subjects both public administration, members of public monitoring and subsidiary objects of new special law. By its developing the negative and positive experience of civil control has to be taken into consideration. The other way to secure the effective mechanism of democratic civil control over SDS is to specify statutory norms for SDS in the law of Ukraine.  

Loot box spending in video games is linked to problem gambling severity

2018 ◽  
Author(s):  
David Zendle ◽  
Paul Cairns
Keyword(s):  
Video Games ◽  
Problem Gambling ◽  
Large Scale ◽  
Legal Status ◽  
Good Reason ◽  
The Self ◽  
Gambling Problems ◽  
Prior Work ◽  
Gambling Severity ◽  
Large Scale Survey

Loot boxes are items in video games that contain randomised contents and can be purchased with real-world money. Similarities between loot boxes and forms of gambling have led to questions about their legal status, and whether they should be regulated as gambling. Previous research has suggested a link between the amount that gamers spend on loot boxes and their problem gambling: The more individuals spent on loot boxes, the more severe their problem gambling. However, the generalisability of prior work may be limited by both the self-selected nature of the sample under test, and the fact that participants were aware of the study’s aims.A large-scale survey of gamers (n=1,172) was undertaken to determine if this link remained when these limitations of previous work were taken into account. These gamers did not self-select into a loot box study and were not aware of the study’s aims. This study found similar evidence for a link (η2 = 0.051) between the amount that gamers spent on loot boxes and the severity of their problem gambling. Previous research strongly suggested both the size and the direction of link between loot box use and problem gambling. This paper provides further support for this link. These results suggest either that loot boxes act as a gateway to problem gambling, or that individuals with gambling problems are drawn to spend more on loot boxes. In either case, we believe that these results suggest there is good reason to regulate loot boxes.

17. Human Rights I: Traditional Perspectives

2021 ◽  
pp. 449-468
Author(s):  
Ian Loveland
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Freedom Of Expression ◽  
Traditional Approach ◽  
Common Law ◽  
Civil Liberties ◽  
Legislative Process ◽  
Personal Privacy ◽  
Government Officials ◽  
Human Rights Protection

In contrast to the constitutional systems adopted by most western democratic nations, the United Kingdom’s form of governance has traditionally not accepted the principle that certain ‘human rights’ should enjoy a normative legal status that placed them beyond the reach of laws made through the ordinary legislative process. Such ‘civil liberties’ or ‘human rights’ as we possess exist in law at the sufferance of parliamentary majorities. Human rights protection has nonetheless been an important part of the courts’ constitutional role, both in terms of the interpretation of legislation and the development of the common law. The organising principle in respect of civil liberties in Britain is that individuals may engage in any activity not prohibited by statute or common law. In addition, neither other individuals nor government officials may interfere with an individual’s legal entitlements unless they can identify a statutory or common law justification for so doing. This chapter discusses the traditional approach taken by Parliament and the courts to several key areas of what we would now regard as human rights law; the regulation of public protest, the protection of personal privacy, and to certain aspects of freedom of expression

Minority Mobilisation in Greece and Litigation in Strasbourg

2008 ◽  
Vol 15 (1) ◽  
pp. 27-48 ◽  
Author(s):  
Konstantinos Tsitselikis
Keyword(s):  
Legal Status ◽  
Minority Groups ◽  
Freedom Of Expression ◽  
Minority Group ◽  
European Court ◽  
Complex Process ◽  
The Status ◽  
The Common ◽  
Political Character ◽  
Of Greece

AbstractWhy would minorities of Greece bring their case before the European Court of Human Rights? What do the minority groups or individuals belonging to a minority group envisage when they communicate their case to Strasbourg? What are the common patterns of minority mobilisation for rights claims before the Court of Strasbourg? Minority mobilisation and litigation in Strasbourg is related to the formation of the status regarding a minority group, the latter being the product of a complex process of political character, dependent on a continuous, overt or covert struggle for power. The axis of this relation is defined by claims of the minority and their recognition or non-recognition by the state. In other terms, this struggle can be seen as a balance between demand and enjoyment of rights. These claims of minorities aim at improving, correcting or implementing the legal status. Freedom of expression, religion or association constitute the main grounds for allegations of more than 45 cases brought before the Court of Strasbourg so far. It seems that the Greek law-making and policy-implementing mechanisms are reluctant to accommodate a broader conception about membership to the Greek nation/Greek state mainly due to the continuing ideological constraints. Although religious otherness is slowly being acknowledged and institutionalised, the recognition of national otherness is so far not tolerated.

„Leichte Sprache and Einfache Sprache” – German plain language and teaching DaF German as a foreign language

2020 ◽  
Vol 38 ◽  
pp. 81-94
Author(s):  
Daniel M. Pottmann
Keyword(s):  
Foreign Language ◽  
Language Learners ◽  
Language Teaching ◽  
Foreign Language Teaching ◽  
Target Group ◽  
Plain Language ◽  
Linguistic Features ◽  
Cognitive Limitations ◽  
Written Texts

Leichte Sprache and Einfache Sprache – German plain language and teaching DaF German as a foreign languageThis paper introduces and discusses two concepts of plain language in German and their usefulness in teaching German as a foreign language. While both concepts pursue the same aim of enabling readers to understand written texts more easily, they differ regarding their extent of rules and their target group: Einfache Sprache addresses a wider range of people, including language learners, and is less restricted than Leichte Sprache, which follows specific syntactical, lexicological and typological rules and has been developed explicitely for the purpose of inclusion of people with cognitive limitations. The article focuses on describing and comparing linguistic features of both concepts based on their respective rules and gives some examples of connecting them with foreign language teaching.

The Freedom of Speech of Religious Communities and their Protection from Freedom of Speech in the Hungarian Legal System

2013 ◽  
Vol 8 (1) ◽  
pp. 23-42
Author(s):  
András Koltay
Keyword(s):  
Legal System ◽  
Legal Status ◽  
Freedom Of Expression ◽  
Freedom Of Speech ◽  
Religious Communities ◽  
Religious Activities ◽  
New Churches ◽  
The Media ◽  
Constitutional System

Abstract In keeping with the general European conception of freedom of speech, the Hungarian legal system achieves an appropriate balance between the interests vested in the protection of religious communities and the freedom of expression. In itself the injury, the feeling of hurt caused by criticism or even vilification of religion does not provide adequate grounds for the restriction of speech (an exception from this is the prohibition applicable to commercial communications published in the media). The new constitutional system has not changed this approach. The relevant passages of the new Churches Act are primarily declarative in nature. When examining these provisions which, at first sight, appear to give preference to churches over associations performing religious activities in a broader context, it becomes apparent that, in respect of the freedom of speech of religious communities as well as the protection of such communities from the freedom of speech, no distinction is made between these two types of organisation, the legal status of which are otherwise different.

scholarly journals Assessing the freedom of expression of Syrian refugee media outlets

2018 ◽  
Vol 2 (1) ◽  
pp. 50-66
Author(s):  
Maria Juliana Assaf
Keyword(s):  
Case Studies ◽  
Legal Status ◽  
Freedom Of Expression ◽  
Security Threats ◽  
Western Countries ◽  
Syrian Refugee

Syrian post-uprising media outlets arose during the peaceful phase of the Syrian uprising in early 2011 (Salazar-Ferro, CPJ, 2014). Fewer than 30 of these outlets, funded by Western countries, survived and gradually moved to Turkey, escaping censorship and deteriorating security in Syria. In Turkey, they still face challenges such as security threats and an uncertain legal status. This article focuses on the challenges that threaten refugee reporters' freedom of expression. Its aim is also to bring an understanding of the techniques refugee journalists use to mitigate these challenges, which can inform other reporters in similar conditions. This research was carried out utilising a case-studies framework and speaking to seven editors in chief of post-uprising media outlets in Istanbul. It concludes that Syrian post-uprising media face severe restrictions to their freedom of expression, but survive through a mixture of collaboration, creativity and resourcefulness.

scholarly journals Deporting the American Dream: Immigration Enforcement and Latino Foreclosures

2016 ◽  
Author(s):  
Jacob S. Rugh ◽  
Matthew Hall
Keyword(s):  
Legal Status ◽  
Experimental Approach ◽  
Home Ownership ◽  
Immigration Enforcement ◽  
Prior Work ◽  
Racial Stratification ◽  
The Past ◽  
Foreclosure Crisis ◽  
Quasi Experimental ◽  
Immigration And Customs Enforcement

Over the past decade, Latinos have been buffeted by two major forces: a record number of immigrant deportations and the housing foreclosure crisis. Yet, prior work has not assessed the link between the two. We hypothesize that deportations exacerbate rates of foreclosure among Latinos by removing income earners from owner-occupied households. We employ a quasi-experimental approach that leverages variation in county applications for 287(g) immigration enforcement agreements with Immigration and Customs Enforcement and data on foreclosure filings from 2005–2012. These models uncover a substantial association of enforcement with Hispanic foreclosure rates. The association is stronger in counties with more immigrant detentions and a larger share of undocumented persons in owner-occupied homes. The results imply that local immigration enforcement plays an important role in understanding why Latinos experienced foreclosures most often. The reduced home ownership and wealth that result illustrate how legal status and deportation perpetuate the racial stratification of Latinos.

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