Defining the free press: recent European case-law on political free speech, anti-terrorism legislation and the free press: Angus Nurse

2012 ◽  
pp. 211-226
Keyword(s):  
Free Speech ◽  
Case Law ◽  
Free Press

PERSECUTION AND THE ART OF FREEDOM: ALEXIS DE TOCQUEVILLE ON THE IMPORTANCE OF FREE PRESS AND FREE SPEECH IN DEMOCRATIC SOCIETY

2020 ◽  
Vol 37 (2) ◽  
pp. 190-208
Author(s):  
Khalil M. Habib
Keyword(s):  
Free Speech ◽  
Freedom Of Speech ◽  
Freedom Of The Press ◽  
Alexis De Tocqueville ◽  
Free Society ◽  
Free Press ◽  
Constituent Element ◽  
The Press ◽  
The Right ◽  
Shed Light

AbstractAccording to Tocqueville, the freedom of the press, which he treats as an extension of the freedom of speech, is a primary constituent element of liberty. Tocqueville treats the freedom of the press in relation to and as an extension of the right to assemble and govern one’s own affairs, both of which he argues are essential to preserving liberty in a free society. Although scholars acknowledge the importance of civil associations to liberty in Tocqueville’s political thought, they routinely ignore the importance he places on the freedom of the press and speech. His reflections on the importance of the free press and speech may help to shed light on the dangers of recent attempts to censor the press and speech.

The Cheerleaders’ Mock Execution

2011 ◽  
Vol 14 (4) ◽  
pp. 1-9
Author(s):  
Laura Trujillo-Jenks
Keyword(s):  
Public Schools ◽  
Free Speech ◽  
Hate Speech ◽  
School Administrators ◽  
Codes Of Conduct ◽  
Code Of Conduct ◽  
Case Law ◽  
Student Speech ◽  
New Principal ◽  
Culture And Climate

The fervor of student speech is demonstrated through different mediums and venues in public schools. In this case, a new principal encounters the mores of a community that believes in free speech, specifically student free speech. When a pep rally becomes a venue for hate speech, terroristic threats, and profanity, the student code of conduct could become the principal’s best weapon. This case explores case law, codes of conduct, organizational culture and climate, and leadership in the context of a controversial cheerleader sketch at a pep rally. A brief literature review can be found in the teaching notes with suggestions for current and future school administrators.

Overcoming the Legal Challenges of News Reporting

2017 ◽  
pp. 146-163
Author(s):  
Jonathan Bishop
Keyword(s):  
Free Speech ◽  
Case Law ◽  
Citizen Journalism ◽  
News Reporting ◽  
News Content ◽  
Start Up ◽  
Legal Challenges ◽  
News Services ◽  
Public Bodies

When one thinks of barriers to setting up a news corporation, one might think in terms of the costs of machinery and staffing. This case study of a start-up news corporation called Crocels News shows that the biggest cost can be in resolving legal disputes, most significantly from news articles scrutinising public bodies and their staff. This chapter investigates the difficulties faced by Crocels News in providing news content. By considering the legal correspondence received, the chapter provides insights into some of the problems all news services are likely to experience if they do not have access to the huge legal budgets of the established news corporations. The findings are particularly worrying for emerging forms of news reporting, such as citizen journalism. The chapter therefore proposes changes in statute so that case law that protects free speech is more easily enforced.

From Protest to Dissent: Wartime Activism and the Founding of the ACLU

2020 ◽  
pp. 163-192
Author(s):  
Amy Aronson
Keyword(s):  
National Security ◽  
Free Speech ◽  
Civil Liberties ◽  
Critical Time ◽  
Fundamental Rights ◽  
Free Press ◽  
Global Democracy ◽  
Liberty Of Conscience ◽  
American Civil Liberties Union ◽  
American Union

In June 1917, Congress passed the Espionage Act, suspending basic civil liberties in the name of wartime national security. Suddenly, peace work seemed dangerously untenable, even to some in movement leadership. Nevertheless, the American Union Against Militarism (AUAM) voted to test the new wartime laws, campaigning to prevent a draft and devising a new category of military exemption based on conscience. But continuing tensions threatened to rupture the AUAM from the inside. Lillian Wald and Paul Kellogg wanted to resign. Eastman proposed an eleventh-hour solution: create a single, separate legal bureau for the maintenance of fundamental rights in wartime—free press, free speech, freedom of assembly, and liberty of conscience. The new bureau became the American Civil Liberties Union (ACLU). However, Eastman’s hopes to shape and oversee that work, keeping it focused on internationalism and global democracy, were not to be. The birth of her child sidelined her while Roger Baldwin, arriving at a critical time for the country and the organization, took charge and made the bureau his own.

The First Amendment During the Trump Era and Beyond

2021 ◽  
pp. 185-232
Author(s):  
Carlos A. Ball
Keyword(s):  
First Amendment ◽  
Free Speech ◽  
Hate Speech ◽  
Vulnerable Groups ◽  
Government Officials ◽  
Free Press ◽  
Religious Minorities ◽  
Real Possibility ◽  
The Real ◽  
Repeated Use

This chapter explores the ways in which some progressives, in the years leading up to Trump’s election, had grown skeptical of expansive First Amendment protections, viewing them as impediments to the pursuit of equality objectives. Although some of that skepticism is understandable, the chapter details the multiple ways in which free speech and free press protections helped curtail some of Trump’s autocratic policies and practices. In doing so, the chapter argues that progressives, going forward, should not allow what it calls “First Amendment skepticism” to grow to the point that it undermines the amendment’s ability to shield democratic processes, dissenters, and vulnerable groups from future autocratic government officials in the Trump mold. The chapter ends with an exploration of future hate speech regulations. While it would be understandable for progressives, after Trump’s repeated use of hate speech, to call for greater regulations of such speech, the chapter urges progressives to be cautious in this area because of the real possibility that the regulations will be used by future government officials in the Trump mold to target and discriminate against both progressive viewpoints and racial and religious minorities.

Free Speech and Free Press

2015 ◽  
Author(s):  
Mark Tushnet ◽  
Mark A. Graber ◽  
Sanford Levinson ◽  
Stephen M. Feldman
Keyword(s):  
Free Speech ◽  
Free Press

Book Review: Free Speech and a Free Press

1940 ◽  
Vol 17 (3) ◽  
pp. 259-261
Author(s):  
Fredrick S. Siebert
Keyword(s):  
Free Speech ◽  
Free Press

Free Speech and a Free Press

1940 ◽  
Vol 28 (5) ◽  
pp. 661
Author(s):  
James J. Morrison ◽  
Giles J. Patterson
Keyword(s):  
Free Speech ◽  
Free Press

The Free Press: Necessary Illusions

2016 ◽  
Vol 15 (3) ◽  
pp. 826-843
Author(s):  
John Charney
Keyword(s):  
Political Economy ◽  
Free Speech ◽  
Social Reality ◽  
False Belief ◽  
The Other ◽  
The Political ◽  
Free Press ◽  
The Press ◽  
The World ◽  
False Idea

This article claims that the relevance of the ‘truth argument’ to free speech theory is based on an illusion. According to some critical perspectives this illusion consists in the false belief that a free press is a proper means for the mediation of social reality. The Critique of the Political Economy of the Press attributes it to the modes of production of the press in capitalist systems. Some cultural theorists, on the other hand, claim that the press cannot adequately represent reality because reality is non-representable. Building upon but superseding these approaches, this article affirms that the illusion of the free press is not merely a false idea of what the press really is. The illusion is – in contrast – an epistemological necessity: we need the illusion of a free press in order to retain the belief of a correspondence between the world that appears through the press and that same world as it is in itself.

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