scholarly journals Deconstructing the Role of Film Censorship, as a Constraint on Free Speech

2022 ◽  
pp. 13-23
Author(s):  
SHRESHTA BOKKA
Keyword(s):  
Free Speech ◽  
Indian Constitution ◽  
Track Record ◽  
A Value ◽  
Film Censorship ◽  
The Right

This paper attempts to illustrate how film censorship as a practice, hampers the ‘free’ usage of the right to free speech and expression under Article 19(1)(a) of the Indian Constitution. To undertake this research objective, reliance has been placed on the judiciary’s track record in handling censorship cases. The findings of this paper show that even while the judiciary has recognised that cinema falls under the ambit of Article 19(1)(a), it has not always been proactive in advocating in favour of the right to free speech and in fact, has often justified censorship by giving certain reasons, which nevertheless seem problematic. When the judiciary takes such steps, it not only cripples the right to free speech and expression but also frightens and raises inhibitions in the minds of the citizens, and thereby giving rise to consequences. Therefore, by using judicial pronouncements from various landmark judgements, this paper highlights that right to free speech in censorship cases has not been a value dear to judiciary as it has more often than not, favoured censorship, thereby showing how censorship acts as a constraint in being able to freely exercise right to free speech. Further, the paper also unveils the ramifications of such actions of the judiciary alongside discussing some of the recent debates on film censorship and the right to free speech.

1. Controversial Speakers, Moral Disagreements, and the Middlebury Moment

2019 ◽  
Vol 1 (2) ◽  
pp. 1-27
Author(s):  
Ashley Floyd Kuntz
Keyword(s):  
Higher Education ◽  
Free Speech ◽  
Moral Epistemology ◽  
Democratic Society ◽  
College Campuses ◽  
Institutions Of Higher Education ◽  
Student Protests ◽  
Free Inquiry ◽  
The Right

Abstract Student protests have developed on campuses throughout the country in response to controversial speakers. Overwhelmingly, these protests have been framed as conflicts over the right to free speech and the importance of free inquiry on college campuses. This essay reframes conflicts like these as moral disagreements over the role of individuals and institutions in producing and disseminating knowledge that supports or undermines justice within a pluralistic, democratic society. Using the specific case of Charles Murray’s visit to Middlebury College in spring 2017 and drawing insight from social moral epistemology, the essay aims to clarify the moral concerns at stake in clashes over controversial speakers and to identify possibilities to advance the moral aims of institutions of higher education in response to such events.

Memory Laws as a Misuse of Legislation

2021 ◽  
pp. 1-16
Author(s):  
Eran Fish
Keyword(s):  
Free Speech ◽  
Fundamental Rights ◽  
Social Cooperation ◽  
Coordination Problem ◽  
Legal Coercion ◽  
The Right ◽  
With Memory

Memory laws are often accused of enforcing an inaccurate, manipulative or populist view of history. Some are also said to violate fundamental rights, in particular the right to free speech. These accusations are not entirely unjustified. Yet, a discussion of memory legislation that concentrates on these faults might be missing its mark. The main problem with memory legislation is not necessarily with the merits of any particular law. Rather, the determination of historical facts is not the kind of matter that should be entrusted to the legislator in the first place. The role of legislation is to make social cooperation possible despite substantial disagreement, but only when such social cooperation is indeed required. Disputes about historical facts, I argue, are not a coordination problem that requires a legislative solution. Still less can they justify legal coercion.

scholarly journals Public support for the right to euthanasia: Impact of traditional religiosity and autonomy values across 37 nations

2018 ◽  
Vol 59 (4) ◽  
pp. 301-318 ◽  
Author(s):  
Maksim Rudnev ◽  
Aleksandra Savelkaeva
Keyword(s):  
Public Support ◽  
Independent Effect ◽  
World Values Survey ◽  
Individual Level ◽  
Country Level ◽  
A Value ◽  
The Individual ◽  
The Right ◽  
Moral Attitudes

This article takes a postmodernization perspective on support for the right to euthanasia by treating it as an expression of a process of value change, as a preference for quality over quantity of life. Using the data from the fifth wave of the World Values Survey, this study attempts to answer the question of whether the mass support for the right to euthanasia is an expression of autonomy values rather than just a function of a low religiosity. Multilevel regressions demonstrate that both traditional religiosity and autonomy values have a high impact at the individual level, while at the country level only the effects of traditional religiosity are significant. Autonomy values have stronger association with attitudes to euthanasia in countries with higher levels of postmaterialism. Multilevel path analysis demonstrates that the effect of religiosity is partially and weakly mediated by the values of autonomy at both levels. Although religiosity was found to have a much stronger impact, the independent effect of autonomy values suggests that mass support for the right to euthanasia is a value-driven preference for quality over quantity of life. We conclude by suggesting that the fall in traditional religiosity might emphasize the role of values in moral attitudes regulation.

Part VII Rights—Substance and Content, Ch.45 Free Speech and Expression

2016 ◽  
Author(s):  
Liang Lawrence
Keyword(s):  
Deliberative Democracy ◽  
Free Speech ◽  
Hate Speech ◽  
Freedom Of Speech ◽  
Public Order ◽  
Indian Constitution ◽  
The Past ◽  
The Right ◽  
Successes And Failures

This chapter examines the place of the right to freedom of speech and expression within Indian constitutionalism. After reviewing the classical normative arguments for free speech, it considers how the domain of speech is related to colonial continuity, sedition, and public order. It discusses the scope of Article19(1)(a) of the Indian Constitution with respect to free speech, as well as the Indian Supreme Court’s successes and failures in its efforts to expand the domain of speech. It explores the democracy argument as the primary justification used by the courts in free speech cases, and its consequences. Finally, it looks at the standards for determining reasonableness, hate speech, and obscenity, and argues that the idea of a deliberative democracy must be supplemented with the concept of agonistic politics to enrich and strengthen the free speech tradition that has evolved in the past six decades.

The White Nationalist on Campus: Re-examining University Free Speech and Leading Through Crisis

2019 ◽  
Vol 23 (1) ◽  
pp. 111-123
Author(s):  
Kimberly Martin ◽  
H. Chris Tecklenburg
Keyword(s):  
Free Speech ◽  
Critical Analysis ◽  
The Right ◽  
The University

One month after the Unite the Right Rally in Charlottesville, Virginia, left three dead and many injured and arrested, another university faces a tough decision about whether to allow controversial alt-right leader, Richard Spencer, to speak on campus. What seems like a simple decision to allow or deny a speaking request becomes a much deeper conversation about leadership, the value of free speech, and the role of the university to facilitate debate and critical analysis of controversial ideas and viewpoints.

Freedom of Speech

2018 ◽  
pp. 305-354
Author(s):  
Sandra Fredman
Keyword(s):  
First Amendment ◽  
Free Speech ◽  
Hate Speech ◽  
Freedom Of Speech ◽  
Freedom Of Information ◽  
Starting Point ◽  
The Us ◽  
Section Viii ◽  
The Right

This chapter assesses the theories justifying freedom of speech (Section II). Section III considers how free speech is protected by human rights instruments. The absence of an express limitation clause in the US First Amendment contrasts with other jurisdictions, which permit justifiable limitations. Sections IV–VII consider how courts have dealt with the most burning issues confronted in all of these jurisdictions: whether freedom of speech protects subversive speech, pornography, and hate speech. Where the limits of liberal tolerance lie remains a challenge for courts. While the harm principle provides a starting point, much depends on how speech is seen to cause harm. Section VIII asks whether the right-bearer includes not just the speaker, but also the recipient of speech and assesses the role of freedom of information. The chapter concludes that freedom of speech should go further than curbing State power to censor speech, creating conditions of genuine equality.

scholarly journals New Media and Social Influencer Engagement on Lifestyle and Political Content

2019 ◽  
Vol 8 (3) ◽  
pp. 3526-3541
Keyword(s):  
New Media ◽  
Current Status ◽  
Marketing Plan ◽  
Review Of Literature ◽  
Track Record ◽  
Digital Era ◽  
Content Strategy ◽  
The Subject ◽  
The Right

In this digital era, having the latest technology is no longer a sole measurement in deciding the success of the tool. The effectiveness is measured on how it can contribute to a better lifestyle, including able to minimise cost and generate revenue at the same time. A social influencer is a group of people who have taken advantages of technology, namely Social Network Sites (SNSs) to their benefit. With the right persona, social influencer can carry both opinions and actions to influencer their followers. The aim of this project paper is to: (1) Understand the acceptance towards lifestyle content and political content that are promoted by social influencers where analysis of agreement and disagreement occurred between two parties; and (2) Act as a future reference on how content direction can be developed better by social influencer regardless on the subject matter that they are championing. The review of literature is based on the current status of a marketing plan by a traditional medium as well as the emergence of digital marketing segment. The review also discussed the characteristics of social influencer that includes their background and track record in performance as a social influencer. In this research, it is revealed the important criteria needed by a social influencer in delivering both types of content involving lifestyle and political content with credibility as the most mentioned. The study concluded by suggesting proper content strategy and content placement, even on a traditional medium to compliment the role of new media and social influencer

Courtroom Language and Article 19(1)(a)

2020 ◽  
pp. 227740172091753
Author(s):  
Shrutanjaya Bhardwaj
Keyword(s):  
Free Speech ◽  
Freedom Of Speech ◽  
The State ◽  
Indian Constitution ◽  
The Right

Many would agree that the State should try to ensure that the language used in its courtrooms is one that its subjects understand. The question is whether the subjects can claim this as a matter of right—specifically, as part of the right to free speech. Using the philosophical justifications of the freedom of speech, I argue that Article 19(1)(a) of the Indian Constitution assures a right to the litigant to communicate with the court in her own language. Even though the right may be restricted under Article 19(2), or even otherwise if it comes into conflict with another fundamental right, its threshold recognition under Article 19(1)(a) is significant to ensure a disciplined inquiry into the constitutional validity of official courtroom languages.

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