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Protecting Freedom of Speech and Neighborhood Safety Under the Fair Housing Act

Protecting Freedom of Speech and Neighborhood Safety Under the Fair Housing Act
Hearing Before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, Second Session, September 5, 1996

by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution

  • Publisher : Unknown Publisher
  • Release : 1997
  • Pages : 169
  • ISBN : 9876543210XXX
  • Language : En, Es, Fr & De
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Protecting the right to freedom of expression under the European Convention on Human Rights

Protecting the right to freedom of expression under the European Convention on Human Rights
A handbook for legal practitioners

by Bychawska-Siniarska, Dominika

  • Publisher : Council of Europe
  • Release : 2017-08-04
  • Pages : 124
  • ISBN : 9876543210XXX
  • Language : En, Es, Fr & De
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European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Trademark Protection and Freedom of Expression

Trademark Protection and Freedom of Expression
An Inquiry Into the Conflict Between Trademark Rights and Freedom of Expression Under European Law

by Wolfgang Sakulin

  • Publisher : Kluwer Law International B.V.
  • Release : 2011-01-01
  • Pages : 403
  • ISBN : 9041134158
  • Language : En, Es, Fr & De
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Trademark law grants right holders an exclusive right to prevent third parties from using a sign. This can readily be seen as the antithesis of freedom of expression, which arguably includes a right of third parties to non-exclusive use of a sign for a variety of purposes, ranging from informing consumers, to voicing criticism or to artistic expression. Drawing on cultural theory and– which has shown that society is involved in a constant struggle about shaping the meaning of signs (including trademarks) and– this highly original and provocative book contends that trademark law fails to sufficiently differentiate between commercial purpose and the social, political, or cultural meanings carried by one and the same sign. The author shows that the and‘functional approachand’ to justifying trademark rights taken in current jurisprudence and doctrine is deficient, in that it does not take sufficient account of the fact that trademark rights can restrict the freedom of expression of third parties. Specifically, the exercise of rights granted under the European Trademark Regulation and the national trademark rights harmonized by the European Trademark Directive can cause a disproportionate impairment of the freedom of commercial and non-commercial expression of third parties as protected by Article 10 of the European Convention on Human Rights (ECHR). The authorand’s in-depth analysis explores such elements as the following: o the economic and ethical rationales of trademark rights; o whether trademark rights under European law can be justified by these rationales; o how freedom of expression can serve as a limitation to trademark rights; o what level of protection such freedom of expression grants to third parties; o the role of trademarks of social, cultural, or political importance in public discourse; o chilling effects on public discourse that can be caused by the exercise of trademark rights; o the interpretation of provisions regulating the grant and revocation of trademark rights in light of freedom of expression; and o the interpretation of the scope of protection and the limitations of trademark rights in light of freedom of expression. In effect, the analysis serves to expand the focus of legislators, courts, and trademark registering authorities from the interests of trademark right holders, who seemingly are granted ever more protection, to the justified interests of third parties. The critical analysis of existing trademark law leads the author to clearly identify the areas of trademark law in which the law needs to be reinterpreted and the areas in which legislative action should be taken, with recommendations for a number of limitations that should aid legislators in drafting concrete amendments. The new insights and imperatives provided by this book are sure to prove useful to both courts interpreting existing provisions of trademark laws and to legislators who are faced with the challenges of drafting new rules or revising existing laws.

The Constitutional Protection of Freedom of Expression

The Constitutional Protection of Freedom of Expression
A Book

by Richard Moon

  • Publisher : University of Toronto Press
  • Release : 2000-01-01
  • Pages : 312
  • ISBN : 9780802078360
  • Language : En, Es, Fr & De
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Moon argues that recognition of the social dynamic of communication is critical to understanding the potential value and harm of language and to addressing questions about the scope and limits on one's rights to freedom of expression.

The Bill of Rights

The Bill of Rights
Protecting Our Freedom Then and Now

by Syl Sobel,Syl Sobel J. D.

  • Publisher : B.E.S. Publishing
  • Release : 2008
  • Pages : 48
  • ISBN : 9780764140211
  • Language : En, Es, Fr & De
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A history and explanation of the Bill of Rights.

Freedom of the Press

Freedom of the Press
A Reference Guide to the United States Constitution

by Lyrissa Lidsky,Lyrissa Barnett Lidsky,R. George Wright

  • Publisher : Greenwood Publishing Group
  • Release : 2004
  • Pages : 179
  • ISBN : 9780313315978
  • Language : En, Es, Fr & De
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Provides an overview of the past, present, and possible future of the constitutional right to freedom of the press.

Protecting the Religious Freedom of New Minorities in International Law

Protecting the Religious Freedom of New Minorities in International Law
A Book

by Fabienne Bretscher

  • Publisher : Routledge
  • Release : 2019-09-19
  • Pages : 220
  • ISBN : 0429559178
  • Language : En, Es, Fr & De
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This book examines the interpretation and application of the right to freedom of religion and belief of new minorities formed by recent migration by the European Court of Human Rights (ECtHR) and the United Nations Human Rights Committee (HRC). New minorities are increasingly confronted with restrictions of their religious practices and have addressed their rights claims both to the ECtHR and the HRC through their individual complaint procedures, which resulted in several contradicting decisions. Based on a quantitative and qualitative empirical analysis of the relevant case law, focusing in particular on the reasoning adopted by the two bodies, this book finds that the HRC in its practice offers a significantly higher level of protection to new minorities than the ECtHR. Such divergence may be explained by various institutional and conceptual differences, of which the concept of the margin of appreciation is the most influential. It is contended that the extensive use of the concept of the margin of appreciation by the ECtHR in the case law regarding new minorities’ right to freedom of religion and belief, and the absence of such concept in the HRC’s case law, could be explained by different understandings of the role of an international human rights body in conflicts between the majority and minorities. This book argues that such divergence could be mitigated with various tools, such as the inclusion of cross-references to the case law of other relevant bodies as well as to instruments specifically established for the protection of minorities. The book will be of interest to academics, researchers and practitioners in the area of international human rights law, international public law in general and law and religion.

Protecting Intellectual Freedom in Your School Library

Protecting Intellectual Freedom in Your School Library
A Book

by Anonim

  • Publisher : American Library Association
  • Release : 2009
  • Pages : 169
  • ISBN : 0838997538
  • Language : En, Es, Fr & De
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Pat Scales uses her experience and expertise to offer an intellectual freedom title tailored to the school library environment. This title presents a number of scenarios in which intellectual freedom is at risk.

Protecting Intellectual Freedom and Privacy in Your School Library

Protecting Intellectual Freedom and Privacy in Your School Library
A Book

by Helen R. Adams

  • Publisher : ABC-CLIO
  • Release : 2013-04-08
  • Pages : 263
  • ISBN : 1610691393
  • Language : En, Es, Fr & De
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Written by a well-known intellectual freedom advocate, this book is a one-stop source for school librarians on intellectual freedom and privacy issues that blends principles with best practices.

Protecting Intellectual Freedom in Your Academic Library

Protecting Intellectual Freedom in Your Academic Library
Scenarios from the Front Lines

by Barbara Minette Jones

  • Publisher : American Library Association
  • Release : 2009
  • Pages : 246
  • ISBN : 083893580X
  • Language : En, Es, Fr & De
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Jones uses her expertise to offer an intellectual freedom title tailored to the academic library environment. This title presents a number of scenarios in which intellectual freedom is at risk and includes case studies that provide narrative treatment of common situations tailored to your library.

Speaking of Freedom

Speaking of Freedom
The Collected Speeches

by George H.W. Bush

  • Publisher : Simon and Schuster
  • Release : 2009-01-13
  • Pages : 320
  • ISBN : 9781439148792
  • Language : En, Es, Fr & De
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Through the lens of more than forty speeches from his presidency, George H. W. Bush takes a special look back on the momentous global events of 1989-1992 -- the fall of the Berlin Wall, the collapse of the Soviet Union, and the liberation of Kuwait, to name a few -- and reminisces about what it was like to be president through such unprecedented times. Choosing from among the hundreds of speeches he gave while in office, former president Bush selects those that meant the most to him and introduces each one with candid comments recalling the circumstances and events leading up to it. "Although now in hindsight it seems that the end results were almost preordained, at the time no one knew what would happen next. Nothing was 'inevitable' at all. We learned quickly that words mattered," he writes in the opening pages of Speaking of Freedom. Selections throughout the book bring back the fascinating times of Lech Walesa, Mikhail Gorbachev, Václav Havel, and even Saddam Hussein -- when we watched as the idea of freedom seemed to spread all over the world. It was a stunning time in world history, and in these speeches the forty-first president observes it from his perspective as commander in chief, diplomat, politician, navy pilot, and grandfather. While many of the speeches deal with foreign affairs, others cover freedom's spread within the United States, including the signing of the landmark Americans with Disabilities Act and the historic Clean Air Act of 1990. President Bush's voice comes across perhaps most clearly when he is calling young people to lead a life of meaning and adventure that results only from serving others. Showcasing President Bush's usual charm, self-deprecating wit, and sharp perception, these speeches mark the moments -- large and small -- that defined his presidency. Through his words that motivated people all around the world to become involved in ideas that were bigger than themselves, George H. W. Bush shows us what it means to be "speaking of freedom."

Freedom of Speech

Freedom of Speech
A Reference Guide to the United States Constitution

by Keith Werhan

  • Publisher : Greenwood Publishing Group
  • Release : 2004
  • Pages : 176
  • ISBN : 9780313319976
  • Language : En, Es, Fr & De
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Provides a contemporary approach to protecting the First Amendment by looking at the evolution of free speech thought.

Routledge Handbook of Freedom of Religion or Belief

Routledge Handbook of Freedom of Religion or Belief
A Book

by Silvio Ferrari,Mark Hill QC,Arif A Jamal,Rossella Bottoni

  • Publisher : Routledge
  • Release : 2020-11-30
  • Pages : 292
  • ISBN : 1351401955
  • Language : En, Es, Fr & De
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Freedom of religion is an issue of universal interest and scope. However, in the last two centuries at least, the philosophical, religious and legal terms of the question have been largely defined in the West. In an increasingly global world, widening our knowledge of this right’s roots in different cultural and legal systems becomes a priority. This Handbook seeks to attain this goal through a better understanding of the historical roots and expressions of the right to freedom of religion on the one hand and, on the other, of its theological background in different religious traditions. History and theology provide the setting for the analysis of the politics of freedom of religion, that is, how this right is used in the context of the dialogue/confrontation between countries placed in different cultural regions of the world, and of the legal strategies and tools that have been developed and are employed to protect and foster the right to freedom of religion. Behind these legal and political strategies, there is an ongoing debate about the nature of this right, whose main features are explored in the final section. Global, historical and interdisciplinary in approach, this book studies the new relevance of freedom of religion worldwide and develops suitable categories to analyze and understand the role that freedom of religion can play in managing religious and cultural diversity in our societies. Authored by experts, through the contributions collected in these chapters, scholars and students will be able to broaden and deepen their knowledge of the right to freedom of religion and to develop the ability to go beyond the borders of the different cultural environments in which this right took shape and developed.

Zealotry and Academic Freedom

Zealotry and Academic Freedom
A Legal and Historical Perspective

by Neil Hamilton,Neil W. Hamilton

  • Publisher : Transaction Publishers
  • Release : 1997-01-01
  • Pages : 402
  • ISBN : 9781412841962
  • Language : En, Es, Fr & De
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Zealotry and Academic Freedom began with the author's personal experience with suppression of academic speech and obstacles to the pursuit of academic quality. Using his own tumultuous experience as a starting point, Hamilton explores how significant efforts to create an autonomous space for academic speech within the university over the past 125 years have been thwarted. Hamilton charges that a fundamentalist academic left in some humanities and social science faculties views the exercise of standards of academic quality and merit-based performance evaluations as tools of oppression and bigotry. Academic zealots ferret out and oppose hidden structures of so-called oppression in our "Eurocentric" culture. Any faculty member overtly supporting academic quality is thus suspected of bigotry and subject to investigations. The opening portion of the book locates similarities with the religious fundamentalism of the nineteenth century in waves of zealotry in American higher education. The first part covers student activism in the 1960s through the emergence of a radical academic left in the early 1990s. The second part examines the meaning of academic freedom and the protection of expression that should be secured. The third and final portion shows how targets of the coercive tactics of the zealots in any period of zealotry can, and have been effectively rebuked, and ultimately overcome. Neil Hamilton's book will generate controversy, particularly the chapters that inquire into the current wave of academic suppression. Hamilton warns that "history instructs that it can happen here." This candid look into the politics of higher education will be gripping reading for all those concerned with the future of education: professors, administrators, students, and parents. There has been a growing literature on this subject, but none cover the legal-political aspects of political correctness with such precision.

The Politics of Freedom of Expression

The Politics of Freedom of Expression
The Decisions of the Supreme Court of the United States

by Mark J Richards

  • Publisher : Palgrave Macmillan
  • Release : 2013-08-06
  • Pages : 220
  • ISBN : 1137277599
  • Language : En, Es, Fr & De
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The principle of content-neutrality is the cornerstone of freedom of expression jurisprudence, protecting the core values of freedom of speech set out in the first amendment, whilst also enabling the government to place reasonable restrictions on protected speech. The Politics of Freedom of Expression examines the US Supreme Court's decision-making in freedom of expression cases, from the Earl Warren Court in 1953 to the 2012 decisions of the John Roberts Court, assessing the extent to which the justices take into consideration their own political attitudes, jurisprudence and external factors such as federal government participation. In doing so, the book highlights the role of the civil rights movement in developing the content-neutrality jurisprudential regime. Establishing 'jurisprudential regime theory' as a framework for incorporating the various factors that can affect decision-making, the author draws on quantitative, qualitative and interpretive methods in order to analyse the justices' changing treatment of content-based and content-neutral cases over time. This unique theoretical approach allows the text to push beyond the traditional 'law versus politics' debate in order to critically evaluate the importance of content-neutrality to the Supreme Court's decision-making, and to compare decision-making in the US with Canada, Germany, Japan and the UK.

Agents and Ambassadors for Eace

Agents and Ambassadors for Eace
Protecting Freedom of Religion & Freedom of Expression Against Violence in the Name of Religion

by Liviu Olteanu

  • Publisher : Unknown Publisher
  • Release : 2015
  • Pages : 240
  • ISBN : 9789731019567
  • Language : En, Es, Fr & De
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Freedom of expression and the Internet

Freedom of expression and the Internet

by Prof. Wolfgang Benedek,Dr Matthias C. Kettemann

  • Publisher : Council of Europe
  • Release : 2014-01-15
  • Pages : 192
  • ISBN : 9287178208
  • Language : En, Es, Fr & De
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With the rise of the Internet, the opportunities to express oneself have grown exponentially, as have the challenges to freedom of expression. From the Arab Spring to the global Occupy movement, freedom of expression on the Internet has had a profound impact on the debates which shape our future. At the same time, an increasing number of states use the Internet to spy on journalists and citizens, to prosecute and jail bloggers, and to censor online information. This book sets out to answer essential questions regarding the extent and limits of freedom of expression online. It seeks to shed light on the often obscure landscape of what we are allowed to say online and how our ideas, and the process of imparting and receiving information, are protected. It shows the large ambit of rights protected by freedom of expression – including freedom of the media and the right to access information via the Internet. It also highlights the importance of the standard-setting, monitoring and promotion activities of international and non-governmental organisations, with a chapter on relevant national practices that illustrates how different states deal with the challenge that the Internet has brought to ensuring freedom of expression for all. As the importance of the Internet in our daily lives grows, readers will find this book to be a valuable resource for understanding the rights and obligations of each actor on the Internet, including states, Internet companies and civil society.

Freedom of Expression in the Marketplace of Ideas

Freedom of Expression in the Marketplace of Ideas
A Book

by Douglas M. Fraleigh,Joseph S. Tuman

  • Publisher : SAGE Publications
  • Release : 2010-05-19
  • Pages : 445
  • ISBN : 1412974674
  • Language : En, Es, Fr & De
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This book addresses current free expression issues and analyzes the historical and legal contexts for the First Amendment. Designed for communication and political science courses in freedom of speech, this text encourages students to think critically about freedom of speech and provides a comprehensive analysis of the historical and legal contexts of the first amendment, from its early foundations through censorship on the Internet. This book explores the worldwide history of freedom of expression and examines classic and contemporary judicial opinions which have determined freedom of speech rights in the U.S. This text provides students with the opportunity to read significant excerpts of landmark decisions and to think critically about the issues and controversies raised in these cases. Students will appreciate the treatment of contemporary issues, including free speech in a post-9/11 world, free expression in cyberspace, and First Amendment rights on college campuses. KEY FEATURES & BENEFITS: - Focuses on landmark Supreme Court free expression decisions and covers follow-up cases that extend and apply these decisions (via significant excerpts from actual cases) so that students can consider the effect of decisions on freedom of expression and the competing values at stake in these cases. - Covers freedom of expression topics in both speech and mediated situations, with comprehensive coverage of such topics obscenity; fighting words and hate speech; national security; invasion of privacy; defamation.

Parliamentary Assembly, Working Papers

Parliamentary Assembly, Working Papers
2007 Ordinary Session (Fourth Part) 1-5 October 2007, Volume VII, Documents 11373-11421

by BERNAN ASSOC

  • Publisher : Council of Europe
  • Release : 2008-06-30
  • Pages : 245
  • ISBN : 9789287163684
  • Language : En, Es, Fr & De
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Intercultural Dialogue in the Framework of European Human Rights Protection

Intercultural Dialogue in the Framework of European Human Rights Protection
A Book

by Patricia Wiater,Council of Europe

  • Publisher : Council of Europe
  • Release : 2010-01-01
  • Pages : 123
  • ISBN : 9789287167507
  • Language : En, Es, Fr & De
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Provides various orientations for the promotion of intercultural dialogue, mutual respect and understanding, based on the core values of the organization.--