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Books > Social sciences > Politics & government > Political control & freedoms > Human rights > Freedom of information & freedom of speech
Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. This Research Agenda explores the academic field of intelligence studies and how it is developing into an increasingly international and diverse area of study. As more governments release records, and as new generations of scholars engage with the topic from a range of perspectives, the book considers how the field is becoming richer, wider, and more global in scope. Featuring contributions by a diverse range of leading intelligence scholars, it surveys a variety of core areas in, and approaches to, the study of intelligence - including technological perspectives, gender, deception, and the 'deep state' - highlighting how intelligence will become a greater feature of government and security in the future. Taking an interdisciplinary approach, the book explores not only the established elements of intelligence studies, but analyses the cutting edge of intelligence research and proposes an agenda for the continued development of the field. Offering concise and accessible discussions of developing topics in intelligence studies, this Research Agenda will be a useful guide for scholars and students of public policy, international relations and security. It will also be of interest to professionals engaged in research into security and intelligence matters.
Commentators on the media in Southeast Asia either emphasise with optimism the prospect for new media to provide possibilities for greater democratic discourse, or else, less optimistically, focus on the continuing ability of governments to exercise tight and sophisticated control of the media. This book explores these issues with reference to Malaysia and Singapore. It analyses how journalists monitor governments and cover elections, discussing what difference journalism makes; it examines citizen journalism, and the constraints on it, often self-imposed constraints; and it assesses how governments control the media, including outlining the development and current application of legal restrictions.
An innovative narrative approach combines history, politics, and legal doctrine to explore the origin and evolution of Americans' constitutional right to free speech. In a field dominated by jargon-filled texts and march-of-progress treatments, this book presents an insightful introduction to freedom of speech, skillfully blending legal analysis with accounts of how staunchly contested historical, political, and cultural issues often influenced legal reasoning. The volume traces the origins of the freedom in English law and its development through the founding of the United States, and examines how the unique struggles of 19th century Americans over such issues as political parties, slavery, women's rights, and economic inequality transformed this traditional English right into a distinctively American one. The book outlines the ways in which the U.S. Supreme Court became the prime interpreter of the meaning of free speech and introduces readers to current court rulings on the First Amendment. It also speculates about the political and legal developments likely to emerge in the new century. A-Z entries survey key individuals, laws, events, judicial decisions, statutes, institutions, organizations, and concepts Four narrative chapters examine constitutional history, evolution of ideas in this area, contemporary concerns and controversies, and prospects for the near future based on today's challenges to the status quo
In recent years, there has been an increase of public employees being fired for inappropriate behavior on social media. This research explores social media conduct of public employees that have been adjudicated through the federal and state court systems. The arguments of these cases are based upon the question of an employee's first amendment rights versus the rights of the employer to maintain a desired work environment. The research found that widespread negative publicity, disruption of close working relationships, inappropriate and offensive employees comments led to favorable outcomes for the public employers. In contrast, when an employee posts on social media while off-duty as a private citizen, the employer has not cited any disruption and the comments are not personal attacks against employers but have substantial public concerns led to positive outcomes for the public employee.
What did "freedom of the press" really mean to the framers of the First Amendment and their contemporaries? This masterful book by a Pulitzer Prize winning constitutional historian answers that question. In Emergence of a Free Press (a greatly revised and enlarged edition of his landmark Legacy of Suppression), Leonard W. Levy argues that the First Amendment was not designed to be the bulwark of a free press that many thought, nor had the amendment's framers intended to overturn the common law of seditious libel that was the principal means of stifling political dissent. Yet he notes how robust and rambunctious the early press was, and he takes that paradox into account in tracing the succession of cases and reforms that figured in the genesis of a free press. Mr. Levy's brilliant account offers a new generation of readers a penetrating look into the origins of one of America's most cherished freedoms."
This volume offers a historical, philosophical, and practical
critique of public and civic journalism--a movement that gained
momentum in the final decade of the 20th century. During that
period, proponents of the movement have published nearly a dozen
books expanding upon and expounding the virtues of journalism,
seeking to repair what is thought to be the torn social, political,
and moral fabric in America. Although previous works have
established a strong practical underpinning for public and civic
journalism, none has examined its philosophical roots or challenged
its methodology and grounding in neoliberal constructs. This volume
does just that, tracing its origins in early philosophy to the
current newsroom policies and practices that conflict with
traditional constructs in libertarian press theory.
By examining the highly contested legal debate about the regulation of pornography through an epistemic lens, this book analyzes competing claims about the proper role of speech in our society, pornography's harm, the relationship between speech and equality, and whether law should regulate and, if so, upon what grounds. In maintaining that inegalitarian pornography generates discursive effects, the book contends that law cannot simply adopt a libertarian approach to free speech. While inegalitarian pornography may not be determinative of gender inequality, it does contribute, reinforce, reflect and help maintain such unfairness. As a result, we can place reasonable gender-based regulations on inegalitarian pornography while upholding our most treasured commitments to dissident speech just as other liberal democracies with strong free speech traditions have done.
Journalism and Free Speech brings together for the first time an historical and theoretical exploration of journalism and its relationship with the idea of free speech. Though freedom of the press is widely regarded as an essential ingredient to democratic societies, the relationship between the idea of freedom of speech and the practice of press freedom is one that is generally taken for granted. Censorship, in general terms is an anathema. This book explores the philosophical and historical development of free speech and critically examines the ways in which it relates to freedom of the press in practice. The main contention of the book is that the actualisation of press freedom should be seen as encompassing modes of censorship which place pressure upon the principled connection between journalism and freedom of speech. Topics covered include:
This book introduces students to a wide range of issues centred around freedom of speech, press freedom and censorship, providing an accessible text for courses on journalism and mass media.
Passed in 1873, the Comstock Act banned 'obscene' materials from the mail without defining obscenity, leaving it open to interpretation by courts that were hostile to free speech. Literature that reflected changing attitudes toward sexuality, religion, and social institutions fell victim to the Comstock Act and related state laws. Dr. Edward Bliss Foote became among the earliest individuals convicted under the law after he mailed a brochure on birth-control methods. For the next four decades, Foote Sr. and his son, Dr. Edward Bond Foote, challenged the Comstock Act in Congress, legislatures, and courts and also offered personal assistance to Comstock defendants. This book chronicles the Footes' struggle, examining not just the efforts of these cruising champions of freedom of expression and women's rights, but also the larger issues surrounding free speech and censorship in the Gilded Age of American history.
How can we protect the Internet and our right to free speech, when government strings are being pulled by corporate lobbyists with large legal teams and entertainment budgets? A Copyright Masquerade reveals how proposals for Internet copyright enforcement stem from an American corporate agenda linking intellectual property to trade policy. It is an agenda that involves private industry asking government to block the Internet to protect commercial interests. Taking international and European examples - from the Wikileaks saga to the ACTA (Anti-Counterfeiting Trade Agreement) protests to Britain's Digital Economy Act - Horton peels back the paper on the political process to reveal the repeated pattern of governments trying to hide what they are doing and to fast-track the new copyright measures, precluding democratic debate. She also shows how, supported by a global system of policy surveillance, lobbyists for the entertainment industries are able to be sufficiently convincing that governments often don't even bother to question their rationale.An essential and eye-opening expose of the threat to online democracy in the digital era.
In this book, Juhani Rudanko sheds important new light on James Madison's contributions to the debates on freedom of speech, during the formative period of 1789 to 1801 in the United States. When Madison proposed amendments that eventually formed the core of the Bill of Rights (June 8, 1789), the reaction from the Federalist party majority was initially hostile. Rudanko examines Madison's patterns of argumentation in eventually persuading the House of Representatives to proceed with consideration of the Bill of Rights. The book also presents new insights on key debates of the Sedition Act, examining initial Federalist arguments when the Act was approved, July 1798, and identifies changes in those arguments soon afterwards.
Since 2005, Thailand has been in crisis, with unprecedented political instability and the worst political violence seen in the country in decades. In the aftermath of a military coup in 2006, Thailand's press freedom ranking plunged, while arrests for lese-majeste have skyrocketed to levels unknown in the modern world. Truth on Trial in Thailand traces the 110-year trajectory of defamation-based laws in Thailand. The most prominent of these is lese-majeste, but defamation aspects also appear in laws on sedition and treason, the press and cinema, anti-communism, contempt of court, insulting of religion, as well as libel. This book makes the case that despite the appearance of growing democratization, authoritarian structures and urges still drive politics in Thailand; the long-term effects of defamation law adjudication has skewed the way that Thai society approaches and perceives "truth." Employing the work of Habermas, Foucault, Agamben, and Schmitt to construct an alternative framework to understand Thai history, Streckfuss contends that Thai history has become "suspended" since 1958, and repeatedly declining to face the truth of history has set the stage for an endless state of crisis. This book will be of interest to students and scholars of South East Asian politics, Asian history, and media and communication. David Streckfuss is an independent scholar who has lived in Thailand for more than 20 years. His work primarily concerns human rights, and political and cultural history.
Since ratification of the First Amendment in the late eighteenth century, there has been a sea change in American life. When the amendment was ratified, individuals were almost completely free of unwanted speech; but today they are besieged by it. Indeed, the First Amendment has, for all practical purposes, been commandeered by the media to justify intrusions of offensive speech into private life. In its application, the First Amendment has become one-sided. Even though America is virtually drowning in speech, the First Amendment only applies to the speaker's delivery of speech. Left out of consideration is the one participant in the communications process who is the most vulnerable and least protected--the helpless recipient of offensive speech. In "Rediscovering a Lost Freedom," Patrick Garry addresses what he sees as the most pressing speech problem of the twenty-first century: an often irresponsible media using the First Amendment as a shield behind which to hide its socially corrosive speech. To Garry, the First Amendment should protect the communicative process as a whole. And for this process to be free and open, listeners should have as much right to be free from unwanted speech as speakers do of not being thrown in jail for uttering unpopular ideas. "Rediscovering a Lost Freedom" seeks to modernize the First Amendment. With other constitutional rights, changed circumstances have prompted changes in the law. Restrictions on political advertising seek to combat the perceived influences of big money; the Second Amendment right to bear arms, due to the prevalence of violence in America, has been curtailed; and the Equal Protection clause has been altered to permit affirmative action programs aimed at certain racial and ethnic groups. But when it comes to the flood of violent and vulgar media speech, there has been no change in First Amendment doctrines. This work proposes a government-facilitated private right to censor. "Rediscovering a Lost Freedom" will be of interest to students of American law, history, and the U.S. Constitution.
Judging Free Speech contains nine original essays by political scientists and law professors, each providing a comprehensive, yet concise and accessible overview of the free speech jurisprudence of a United States Supreme Court Justice.
This timely and important book presents a compelling new theory of political education for liberal democracies. Amidst current concern over the need to encourage a morally sensitive and committed citizenry, Professor Callan's study provides a much-needed balanced discussion of the proper ends of education, as well as the moral rights of parents and children.
The advent of the Arab Spring in late 2010 was a hopeful moment for partisans of progressive change throughout the Arab world. Authoritarian leaders who had long stood in the way of meaningful political reform in the countries of the region were either ousted or faced the possibility of political if not physical demise. The downfall of long-standing dictators as they faced off with strong-willed protesters was a clear sign that democratic change was within reach. Throughout the last ten years, however, the Arab world has witnessed authoritarian regimes regaining resilience, pro-democracy movements losing momentum, and struggles between the first and the latter involving regional and international powers. This volume explains how relevant political players in Arab countries among regimes, opposition movements, and external actors have adapted ten years after the onset of the Arab Spring. It includes contributions on Egypt, Morocco, Kuwait, Saudi Arabia, Syria, Algeria, Sudan, Lebanon, Iraq, Jordan, Yemen, and Tunisia. It also features studies on the respective roles of the United States, China, Iran, and Turkey vis-a-vis questions of political change and stability in the Arab region, and includes a study analyzing the role of Saudi Arabia and its allies in subverting revolutionary movements in other countries.
International media assistance is a small but important form of international democracy-promotion aid. Media assistance boomed after the 1989 transitions in Central Europe, but now flows to virtually all regions of the world. Today the media assistance industry is focused on the problem of sustainability: How are free and independent public affairs media supposed to maintain their editorial mission while facing hostile political systems or the demands of the consumer marketplace? Many media in developing countries have been or are grant-dependent. When grants are exhausted or withdrawn, media that were funded to further democratic consolidation typically wither and die. Some become mere grant chasers. Others abandon public service to the demands of market competition, or political patronage. As a result, governmental and non-governmental grant makers now emphasize the need for sustainability in considering grants in the media sector. Many grant recipients have grown frustrated, sometimes bitter, and have sought to take a much more active role in the way assistance programs are put together. Just how is sustainability to be achieved while also ensuring a public-service editorial mission? "Exporting Press Freedom" examines the history and practice of media assistance, and argues that the dilemma of media independence and sustainability is best understood as an economic problem rather than one of poor editorial standards or lack of will. It includes profiles of news and public affairs media in developing and democratizing countries, and also of two non-governmental organizations that have pioneered the use of low-interest loans in media assistance. These profiles exemplify strategic and entrepreneurial approaches to developing and supporting public service media. Such approaches may be of use not only in the developing world, but in the consolidated Western democracies as well, where concern has grown about poor journalistic performance and its consequences for democratic governance. "Craig L. LaMay" is a journalist, an assistant professor at Northwestern University's Medill School of Journalism, an adjunct professor at Northwestern's School of Law, and a faculty associate at Northwestern's Institute for Policy Research.
Since ratification of the First Amendment in the late eighteenth century, there has been a sea change in American life. When the amendment was ratified, individuals were almost completely free of unwanted speech; but today they are besieged by it. Indeed, the First Amendment has, for all practical purposes, been commandeered by the media to justify intrusions of offensive speech into private life. In its application, the First Amendment has become one-sided. Even though America is virtually drowning in speech, the First Amendment only applies to the speaker's delivery of speech. Left out of consideration is the one participant in the communications process who is the most vulnerable and least protected--the helpless recipient of offensive speech. In "Rediscovering a Lost Freedom," Patrick Garry addresses what he sees as the most pressing speech problem of the twenty-first century: an often irresponsible media using the First Amendment as a shield behind which to hide its socially corrosive speech. To Garry, the First Amendment should protect the communicative process as a whole. And for this process to be free and open, listeners should have as much right to be free from unwanted speech as speakers do of not being thrown in jail for uttering unpopular ideas. "Rediscovering a Lost Freedom" seeks to modernize the First Amendment. With other constitutional rights, changed circumstances have prompted changes in the law. Restrictions on political advertising seek to combat the perceived influences of big money; the Second Amendment right to bear arms, due to the prevalence of violence in America, has been curtailed; and the Equal Protection clause has been altered to permit affirmative action programs aimed at certain racial and ethnic groups. But when it comes to the flood of violent and vulgar media speech, there has been no change in First Amendment doctrines. This work proposes a government-facilitated private right to censor. "Rediscovering a Lost Freedom" will be of interest to students of American law, history, and the U.S. Constitution.
Combining a stimulating blend of academic authority and senior practitioner experience, this book tackles the principle of openness to official documentation and information flow. It covers important areas such as the Hutton Report into the death of Dr David Kelly, the freedom of speech in democratic societies, the value of the freedom of information and international comparisons. The book is a must read for courses on public policy and governance and information law.
From New York Times bestselling author Cass Sunstein, a brisk, provocative book that shows what freedom really means-and requires-today In this pathbreaking book, New York Times bestselling author Cass Sunstein asks us to rethink freedom. He shows that freedom of choice isn't nearly enough. To be free, we must also be able to navigate life. People often need something like a GPS device to help them get where they want to go-whether the issue involves health, money, jobs, children, or relationships. In both rich and poor countries, citizens often have no idea how to get to their desired destination. That is why they are unfree. People also face serious problems of self-control, as many of them make decisions today that can make their lives worse tomorrow. And in some cases, we would be just as happy with other choices, whether a different partner, career, or place to live-which raises the difficult question of which outcome best promotes our well-being. Accessible and lively, and drawing on perspectives from the humanities, religion, and the arts, as well as social science and the law, On Freedom explores a crucial dimension of the human condition that philosophers and economists have long missed-and shows what it would take to make freedom real.
"Freedom of Information in a Post 9-11 World" is, to date, the first international scholarly examination of the impact of the terrorist attack on the United States in terms of how it may alter academic and corporate research, as well as the sharing of information generated by that research, by international colleagues in technological fields. The collection of essays brings together a widely varied panel of communications experts from different backgrounds and cultures to focus their expertise on the ramifications of this world-changing event. Drawing upon the related but separate disciplines of law, interpersonal communication, semiotics, rhetoric, management, information sciences, and education, the collection adds new insight to the potential future challenges high-tech professionals and academics will face in a global community that now seems much less communal than it did prior to September 11, 2001.
This title was first published in 2003. Militant racism is concerned with antagonism and hostility associated with racist activity. Within a society it is expressed by material that may stir up racial hatred and/or discrimination. It can also be seen on the streets and, indeed, the alleged racist criminality orchestrated by militant gangs. After examining the possible causes of militant racism and its effects, this book considers the new laws designed to tackle racially-motivated crime found in the 1998 Crime and Disorder Act. A central theme of the book is the balance between freedom of expression and penalizing racially-offensive expression.
This study examines the tensions and interrelationships inherent in federal control of information in the technological era. Analyzing topics relating to information content and carrier issues, citizens' natural rights and utilities, and the effects of the executive and legislative branches, the author examines the historical definitions of information, traditional ethical principles, the parameters as framed by the Constitution, and three kinds of information control actions promulgated by the federal government (the Foreign Agents Registration and Propaganda Act, the Computer Security Act of 1987, and the Pentagon media rules during the Persian Gulf War). Following analysis of the practical, ethical, and legal issues involved, the author recommends a proactive information policy encompassing both information content and carriers and preserving Constitutional principles on the free flow of information.
In recent years, the Russian government has dramatically expanded its restrictions on the internet, while simultaneously consolidating its grip on traditional media. The internet, however, because of its transnational configuration, continues to evade comprehensive state control and offers ever new opportunities for disseminating and consuming dissenting opinions. Drawing on a wide range of disciplines, including media law, human rights, political science, media and cultural studies, and the study of religion, this book examines the current state of the freedom of speech, freedom of expression, and media freedom in Russia, focusing on digital media and cross-media initiatives that bridge traditional and new media spheres. It assesses how the conditions for free speech are influenced by the dynamic development of Russian media, including the expansion of digital technologies, explores the interaction and transfer of practices, formats, stylistics and aesthetics between independent and state-owned media, and discusses how far traditional media co-opt strategies developed by and associated with independent media to mask their lack of free expression. Overall, the book provides a deep and rich understanding of the changing structures and practices of national and transnational Russian media and how they condition the boundaries of freedom of expression in Russia today. |
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