scholarly journals Reputation, Freedom of Expression and the Tort of Defamation in the United States and Canada: A Deceptive Polarity

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.

1970 ◽  
Vol 36 (2) ◽  
pp. 267
Author(s):  
James C. Bonner ◽  
J. C. Furnas

2019 ◽  
Vol 1 (54) ◽  
pp. 499
Author(s):  
Edilton MEIRELES

RESUMONeste trabalho tratamos do direito de manifestação em piquetes e da responsabilidade que possa advir desses atos em face da jurisprudência da Suprema Corte dos Estados Unidos da América. A partir da análise das principais decisões da Suprema Corte se pode concluir que, de modo geral, os participantes do piquete não respondem quando agem de forma não ilegal. Está sedimentado, no entanto, o entendimento de que o organizador do piquete responde pelos atos dos participantes. A pesquisa desenvolvida se justifica enquanto estudo comparativo e diante do pouco debate existente no Brasil a respeito do tema. Na pesquisa foi utilizado o método dedutivo, limitada à ciência dogmática do direito, com estudo de casos apreciados pelo judiciário. PALAVRAS-CHAVES: Responsabilidade; Piquete; Estados Unidos; Suprema Corte; Liberdade De Expressão. ABSTRACTIn this work we deal with the right of demonstration in pickets and the responsibility that may arise from these acts in the face of the jurisprudence of the Supreme Court of the United States of America. From the analysis of the Supreme Court's main decisions it can be concluded that, in general, the picket participants do not respond when they act in a non-illegal way. It is settled, however, the understanding that the picket organizer responds by the acts of the participants. The research developed is justified as a comparative study and in view of the little debate that exists in Brazil regarding the subject. In the research was used the deductive method, limited to the dogmatic science of law, with study of cases appreciated by the judiciary.KEYWORDS: Responsibility; Picket; United States; Supreme Court; Freedom Of Expression.


2008 ◽  
Vol 9 (03) ◽  
pp. 491-506 ◽  
Author(s):  
Robin L. Einhorn

The history of slavery cannot be separated from the history of business in the United States, especially in the context of the relationship between public power and individual property rights. This essay suggests that the American devotion to “sacred” property rights stemsmore from the vulnerability of slaveholding elites than to a political heritage of protection for the “common man.”


Author(s):  
Stephen Lovell

The introduction considers the place of the spoken word in Russian history, presenting a pre-history of rhetoric and oratory in Russia before the 1860s. Examples are drawn from sermons, literature, theatre, and the universities, as well as from the political practice of Russia’s rulers. The introduction goes on to explain the significance of public speaking in Russia’s ‘stenographic age’, highlighting the challenges of modern mass politics and communications. It further offers comparisons between Russian political culture and the political culture of Britain, Germany, and the United States, paying particular attention to the place of oratory in the political imagination. It concludes by outlining the structure and rationale of the book.


2003 ◽  
Vol 10 (suppl 1) ◽  
pp. 225-245 ◽  
Author(s):  
Julie H. Levison

From biblical times to the modern period, leprosy has been a disease associated with stigma. This mark of disgrace, physically present in the sufferers' sores and disfigured limbs, and embodied in the identity of a 'leper', has cast leprosy into the shadows of society. This paper draws on primary sources, written in Spanish, to reconstruct the social history of leprosy in Puerto Rico when the United States annexed this island in 1898. The public health policies that developed over the period of 1898 to the 1930s were unique to Puerto Rico because of the interplay between political events, scientific developments and popular concerns. Puerto Rico was influenced by the United States' priorities for public health, and the leprosy control policies that developed were superimposed on vestiges of the colonial Spanish public health system. During the United States' initial occupation, extreme segregation sacrificed the individual rights and liberties of these patients for the benefit of society. The lives of these leprosy sufferers were irrevocably changed as a result.


1958 ◽  
Vol 20 (2) ◽  
pp. 196-208
Author(s):  
Charles M. Hardin

In the diverse humanity that makes up the United States of America many groups such as the farmers appear to be both separate and integrated, at once distinct and blended in the common image. Others have been more despised and mocked than farmers, and occasionally some have been equally praised. But none other has been the subject of as much idolatry and contempt as the hayseedy son of honest toil and sweat, the noble yokel, the independent and thoughtful clodhopper, the bucolic philosopher, the industrious sucker, the indispensable hick, and the God-fearing, hell-fire-and-brimstone breathing last stronghold of woolhatted democracy — the farmer. Let us look at his political, economic, and cultural significance.


1986 ◽  
Vol 52 (1) ◽  
pp. 138
Author(s):  
John W. Gordon ◽  
Allan R. Millett ◽  
Peter Maslowski

Author(s):  
George Blaustein

Nightmare Envy and Other Stories is a study of Americanist writing and institutions in the twentieth century. Four chapters trace four routes through an “Americanist century.” The first is the hidden history of American Studies in the United States, Europe, and Japan. The second is the strange career of “national character” in anthropology. The third is a contest between military occupation and cultural diplomacy in Europe. The fourth is the emergence and fate of the “American Renaissance,” as the scholar and literary critic F. O. Matthiessen carried a canon of radical literature across the Iron Curtain. Drawing on American and European archives, the book weaves cultural, intellectual, and diplomatic history with portraits of Matthiessen, Margaret Mead, Ruth Benedict, David Riesman, Alfred Kazin, and Ralph Ellison. It excavates the history of the Salzburg Seminar in American Civilization, where displaced persons, former Nazis, budding Communists, and glad-handing Americans met on the common ground of American culture. Many of our modern myths of the United States and Europe were formed in this moment. Some saw the United States assume the mantle of cultural redeemer. Others saw a stereotypical America, rich in civilization but poor in culture, overtake a stereotypical Europe, rich in culture and equally rich in disaster. Others found keys to their own contexts in American books, reading Moby-Dick in the ruins. Nightmare Envy and Other Stories chronicles American encounters with European disaster, European encounters with American fiction, and the chasms over which culture had to reach.


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