scholarly journals Criminal public indecency and the public display of photos with dead fetuses – freedom of speech in the ECHR jurisprudence

2020 ◽  
Vol 114 ◽  
Keyword(s):  
Freedom Of Speech ◽  
Public Display ◽  
The Public

scholarly journals HEDGES EXPRESSIONS IN CONFESSIONAL DISCOURSE OF IDA CRADDOCK’S SUICIDE NOTES

Prosodi ◽  
2020 ◽  
Vol 14 (2) ◽  
pp. 73-86
Author(s):  
Rizkya Fajarani Bahar ◽  
Lisetyo Ariyanti
Keyword(s):  
19Th Century ◽  
Cause Of Death ◽  
Freedom Of Speech ◽  
Personal Story ◽  
The Public ◽  
Suicide Notes ◽  
Suicide Note ◽  
Women Rights ◽  
Confessional Discourse

Some people commited suicide tried to express what they felt and left message explaining the causes of why they committed suicide. The suicide note was written by the person who commited suicide as a purpose to give a sign to other people. One of those people was Ida Craddck who was a 19th century American. She advocated freedom of speech and women rights who committed suicide because of inappropriate decision from the judge. Her books were prosecuted by Anthony Comstock as obscene literature. This study was aimed to examine the hedges expressions that maintained the functions of confessional texts which were used by Craddock. The results found that hedges were used on her confessions to support her criticism and wish to the public. Those criticism and wish were confessed by Craddock to aware the public about people’s freedom condition. Her confessions had function to tell her personal story that led her to suicide which could be learnt by other people so that they could have a better life. Finally, hedges were used to express her uncertainty of the truth of what she confessed about her cause of death.

scholarly journals Tinjauan Hukum Kriminalisasi Berita Hoax: Menjaga Persatuan vs. Kebebasan Berpendapat

Kosmik Hukum ◽  
2021 ◽  
Vol 21 (1) ◽  
pp. 44
Author(s):  
Cindy Bella Devina ◽  
Dissa Chandra Iswari ◽  
Go Christian Bryan Goni ◽  
Devi Kimberly Lirungan
Keyword(s):  
Deliberative Democracy ◽  
Information Exchange ◽  
Rapid Development ◽  
Freedom Of Speech ◽  
Accurate Information ◽  
Fake News ◽  
Abuse Of Power ◽  
The Public ◽  
Long Time ◽  
The Media

The existence of hoaxes in Indonesia has been around for a long time. However, the term hoax was widespread and became part of daily conversations in the media and the public during the 2014 and 2019 Presidential Election. The rapid development of social media use and the ease of information exchange accelerated the spread of hoax. Even in the COVID-19 pandemic, hoax news about the corona virus and matters related to it are widespread in the community. This hoax news, both during the Election and the Covid-19 Outbreak, caused much unrest in the community. Some of the hoax news spreaders were jailed for violations of the ITE Law. Various legal practitioners and academics have also suggested that hoax news creators and spreaders be criminalized. This article reviews normatively whether the criminalization of hoax news is feasible for reasons of maintaining stability or needs to be eliminated to maintain freedom of opinion. The author reviews the normative aspects of criminalizing the creation and dissemination of hoax news by using Habermas' theory of deliberative democracy. Through this theory, the writer finds that hoax news makes aspects of democracy such as dialogue that is full of awareness and accurate information unattainable. This is also in line with what the Indonesian constitution wants. However, it is necessary to ensure that the criminalization of hoaxes is not used as an instrument of abuse of power considering that the circulation of hoaxes is a symptom of a problem rather than the root of the problem itself.Keywords: Fake News, Criminalization, Stability, Freedom of Speech, Deliberative Democracy, Legal Revuew

Persistence of the Portrait

2020 ◽  
pp. 35-80
Author(s):  
Ángeles Donoso Macaya
Keyword(s):  
Public Space ◽  
Walter Benjamin ◽  
Visual Representation ◽  
Special Issue ◽  
Public Display ◽  
Book Series ◽  
The Public ◽  
Archival Work

The first chapter underscores the counter-archival work carried out by the Vicaría de la Solidaridad in the composition of the photographic archive of the detained-disappeared. The chapter also considers the different transformations, displacements, and disseminations endured by the portraits of the detained-disappeared. It considers the critical work of Walter Benjamin, Diana Taylor, and Ann Stoler. The analysis contemplates both the composition of the photographic archive of the portraits and the archive’s dissemination in the public space. I consider the Vicaría’s publications Solidaridad (a biweekly newsletter), Separata Solidaridad (a special issue that focused on particular matters also considered in Solidaridad), and the seven-volume book series ¿Dónde están? (1978–1979). I suggest that the visual representation of the crime of forced disappearances, which took shape with the public display of the portraits, was consolidated in these Vicaría publications, above all in ¿Dónde están? I also study artistic photographic practices devised to display and disseminate these photographic portraits in the public space. The chapter begins and ends with a consideration of Hernán Parada’s action “Obrabierta A” (1974–present), in particular one of its iterations in which the artist uses a photocopied mask of his brother, Alejandro Parada, detained and disappeared since July 1974.

Freedom of Speech for Public Officials vs. the Political Parties' Right to Equal Opportunity: The German Constitutional Court's Recent Rulings Involving the NPD and the AfD

2017 ◽  
Vol 18 (1) ◽  
pp. 189-212
Author(s):  
Thomas Kliegel
Keyword(s):  
Political Parties ◽  
Equal Opportunity ◽  
Freedom Of Speech ◽  
Fundamental Rights ◽  
Public Official ◽  
Public Officials ◽  
The Public ◽  
Election Process ◽  
Political Function ◽  
The Right

Public Officials are bound by the fundamental rights when they are acting in their political function. Acting as such they cannot, in general, claim the freedom of speech for themselves as normal citizens do. If they give statements regarding other political parties they have to abide by the principle of neutrality. Statements that could be understood as negative will be — especially if they are made during the election process — a violation of the right of political parties to equal opportunity, which is an indispensable element of the free and open process of forming popular opinion. The delineation of whether a public official is appearing as such, as a “party politician” or “private individual” can, however, be difficult and it is the obligation of the public official to leave no doubt about the role he is exercising. Different from any other public official the Federal President needs not comply with the principle of neutrality. He has a broad margin of assessment and only transgresses his legal boundaries if he violates the integrative task of his office in an arbitrary manner.

SERPENTS, SKELETONS, AND ANCESTORS?: THE TULA COATEPANTLI REVISITED

2013 ◽  
Vol 24 (2) ◽  
pp. 243-274 ◽  
Author(s):  
Keith Jordan
Keyword(s):  
Human Remains ◽  
Colonial Period ◽  
Public Display ◽  
Archaeological Evidence ◽  
The Public ◽  
Late Postclassic ◽  
Cultural Connections

AbstractSince Acosta's work in the 1940s, relief carvings of serpents entwined with partially skeletonized personages on the coatepantli at Tula have frequently been identified as images of the Nahua Venus deity, Tlahuizcalpantecuhtli. Comparing these Toltec sculptures with this deity's iconography in Late Postclassic to Colonial period manuscripts, however, provides no support for this identification. Based on the northern Mesoamerican cultural connections of the Toltecs, the author suggests parallels between the coatepantli reliefs and the public display of ancestral and sacrificial human remains at Chalchihuites sites. Identification of the coatepantli figures as venerated ancestors from an ancestral cult is also supported by iconographic and archaeological evidence from Tula. Parallels to the coatepantli images in depictions of both living elites and ancestors juxtaposed with serpents from other Mesoamerican art traditions bolster this interpretation. On the basis of the evidence, the author hypothesizes that the skeletonized figures at Tula symbolize deceased kings and honored warriors rather than conquered foes.

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