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Books > Social sciences > Politics & government > Political control & freedoms > Human rights > Freedom of information & freedom of speech
What is the relationship between psychoanalysis and human freedom? Does psychoanalysis enhance it? Is it coercive? What are the limits? These may appear to be deceptively simple questions, but Roger Kennedy addresses them head-on. He draws on his own clinical work to shed light on conceptions of freedom and how they relate to the psychoanalytic process. Ideas from ancient, medieval, 17th-century, Enlightenment and recent philosophy, including hermeneutics, are employed in his explorations. He also addresses himself to recent pessimistic and postmodernist writings on culture and the human condition.
As Americans we often take our freedom of speech for granted. When we talk about censorship we talk about China, the former Soviet Union. But the recent presidential election has shined a spotlight on profound acts of censorship in our own backyard. Both provocative and timely, "Burn this Book" includes a sterling list of award-winning writers; it is sure to ignite spirited dialogue. In "Witness: The Inward Testimony", Nadine Gordimer discusses the role of the writer as observer, and as someone who sees what is really taking place. She looks to Proust, Oe, Flaubert, Graham Green to see how their philosophy squares with her own, ultimately concluding Literature has been and remains a means of people rediscovering themselves. In "Freedom to Write", Orham Pamuk elegantly describes escorting Arthur Miller and Harold Pinter around Turkey and how that experience changed his life. In "The Value of the Word" Salman Rushdie shares a story from Bugakov's novel "The Master and the Margarita", in which the Devil talks to a frustrated writer called The Master. The writer is so upset with his own work he decides to burn it: How could you do that? The devil asks. Manuscripts do not burn. Indeed, manuscripts do not burn, Rushdie argues, but writers do.
We love freedom. We hate racism. But what do we do when these values collide? In this wide-ranging book, Erik Bleich explores policies that the United States, Britain, France, Germany, and other liberal democracies have implemented when forced to choose between preserving freedom and combating racism. Bleich's comparative historical approach reveals that while most countries have increased restrictions on racist speech, groups and actions since the end of World War II, this trend has resembled a slow creep more than a slippery slope. Each country has struggled to achieve a balance between protecting freedom and reducing racism, and the outcomes have been starkly different across time and place. Building on these observations, Bleich argues that we should pay close attention to the specific context and to the likely effects of any policy we implement, and that any response should be proportionate to the level of harm the racism inflicts. Ultimately, the best way for societies to preserve freedom while fighting racism is through processes of public deliberation that involve citizens in decisions that impact the core values of liberal democracies.
Most people believe that our rights to privacy and free speech are inevitably in conflict. Courts all over the world have struggled with how to reconcile the two for over a century, and the rise of the Internet has made this problem more urgent. We live in an age of corporate and government surveillance of our lives. And our free speech culture has created an anything-goes environment on the web, filled with hurtful and harmful expression and data flows. In Intellectual Privacy, Neil Richards offers a solution that ensures that our ideas and values keep pace with our technologies. Because of the importance of free speech to open societies, he argues that when privacy and free speech truly conflict, free speech should almost always win. But in sharp contrast to conventional wisdom, Richards argues that speech and privacy are only rarely in conflict. True invasions of privacy like peeping toms or electronic surveillance should almost never be protected as "free speech." And critically, Richards shows how most of the law we enact to protect online privacy poses no serious burden to public debate, and how protecting the privacy of our data is not censorship. A timely and provocative book on a subject that affects us all, Intellectual Privacy will radically reshape the debate about privacy and free speech in our digital age.
Most modern democracies punish hate speech. Less freedom for some, they claim, guarantees greater freedom for others. Heinze rejects that approach, arguing that democracies have better ways of combatting violence and discrimination against vulnerable groups without having to censor speakers. Critiquing dominant free speech theories, Heinze explains that free expression must be safeguarded not just as an individual right, but as an essential attribute of democratic citizenship. The book challenges contemporary state regulation of public discourse by promoting a stronger theory of what democracy is and what it demands. Examining US, European and international approaches, Heinze offers a new vision of free speech within Western democracies.
How do journalists know what they know? Who gets to decide what good journalism is and when it's done right? What sort of expertise do journalists have, and what role should and do they play in society? Until a couple of decades ago, journalists rarely asked these questions, largely because the answers were generally undisputed. Now, the stakes are rising for journalists as they face real-time critique and audience pushback for their ethics, news reporting, and relevance. Yet the crises facing journalism have been narrowly defined as the result of disruption by new technologies and economic decline. This book argues that the concerns are in fact much more profound. Drawing on their five years of research with journalists in the U.S. and Canada, in a variety of news organizations from startups and freelancers to mainstream media, the authors find a digital reckoning taking place regarding journalism's founding ideals and methods. The book explores journalism's long-standing representational harms, arguing that despite thoughtful explorations of the role of publics in journalism, the profession hasn't adequately addressed matters of gender, race, intersectionality, and settler colonialism. In doing so, the authors rethink the basis for what journalism says it could and should do, suggesting that a turn to strong objectivity and systems journalism provides a path forward. They offer insights from journalists' own experiences and efforts at repair, reform, and transformation to consider how journalism can address its limits and possibilities along with widening media publics.
This is a popular guide to the Freedom of Information Act, now updated in a new edition. Have you ever wanted to force open the secretive doors of government? This book provides all the tools you need. With a new foreword by Ian Hislop, it's also fully updated to include: new chapters on Scotland and the law in practice; tips for digging out information and new template letters; an expanded and updated directory; examples of case law that you can use in your quest for answers; and an expanded business chapter to help you get contracts, tenders and performance evaluations. Information is born free, but everywhere is in chains. Heather Brooke has written the Information Liberation Front guide to end the politicians' enslavement of the facts which belong to the public. Bravo. - Greg Palast, author of The Best Democracy Money Can Buy. Even with my knowledge of Britain's secretive and undemocratic system of government, I found this book to be an eye opener.
From videos of rights violations, to satellite images of environmental degradation, to eyewitness accounts disseminated on social media, human rights practitioners have access to more data today than ever before. To say that mobile technologies, social media, and increased connectivity are having a significant impact on human rights practice would be an understatement. Modern technology - and the enhanced access it provides to information about abuse - has the potential to revolutionise human rights reporting and documentation, as well as the pursuit of legal accountability. However, these new methods for information gathering and dissemination have also created significant challenges for investigators and researchers. For example, videos and photographs depicting alleged human rights violations or war crimes are often captured on the mobile phones of victims or political sympathisers. The capture and dissemination of content often happens haphazardly, and for a variety of motivations, including raising awareness of the plight of those who have been most affected, or for advocacy purposes with the goal of mobilising international public opinion. For this content to be of use to investigators it must be discovered, verified, and authenticated. Discovery, verification, and authentication have, therefore, become critical skills for human rights organisations and human rights lawyers. This book is the first to cover the history, ethics, methods, and best-practice associated with open source research. It is intended to equip the next generation of lawyers, journalists, sociologists, data scientists, other human rights activists, and researchers with the cutting-edge skills needed to work in an increasingly digitized, and information-saturated environment.
Freedom of expression is a fundamental right at the heart of any democratic society. It is, however, inevitably restricted by other important values, including the right to privacy: the control individuals exercise over their sensitive personal information. The English law, since the enactment of the Human Rights Act 1998, has undergone a tectonic shift in its recognition of this right protected by Article 8 of the European Convention on Human Rights (ECHR) which the Act assimilated into domestic law. The new civil wrong, 'misuse of private information,' now affords greater protection to an individual's 'private and family life, home and correspondence.' The press is, of course, no longer the principal purveyor of news and information. The Internet offers abundant opportunities for the dissemination of news and opinions, including the publication of intimate, private facts. Social media, blogs, and other online sites are accessible to all. Indeed, the fragility of privacy online has led some to conclude that it is no longer capable of legal protection. This book examines the right of privacy from a legal, philosophical, and social perspective, tracing its genesis in the United States, through the development of the law of confidence, and its recent recognition by the Human Rights Act. The English courts have boldly sought to offer refuge from an increasingly intrusive media. Recent years have witnessed a deluge of civil suits by celebrities seeking to salvage what remains of their privacy. An extensive body of case law has appeared in many common law jurisdictions over the last decade, which shows no sign of abating. The Leveson Inquiry into the culture, practices, and ethics of the press, sparked by the hacking of telephones by newspapers, revealed a greater degree of media intrusion than was previously evident. Its conclusions and recommendations, particularly regarding the regulation of the media, are examined, as well as the various remedies available to victims of intrusion and unsolicited publicity. The law is locked in a struggle to reconcile privacy and free speech, in the face of relentless advances in technology. The manner in which courts in various jurisdictions have attempted to resolve this conflict is critically investigated, and the prospects for the protection of privacy are considered.
Why would sovereigns ever grant political or economic liberty to their subjects? Under what conditions would rational rulers who possess ultimate authority and who seek to maximize power and wealth ever give up any of that authority? This book draws on a wide array of empirical and theoretical approaches to answer these questions, investigating both "why" sovereign powers might liberalize and "when." The contributors to this volume argue that liberalization or democratization will only occur when those in power calculate that the expected benefits to them will exceed the costs. More specifically, rulers take five main concerns into account in their cost-benefit analysis as they decide to reinforce or relax controls: personal welfare, personal power, internal order, external order, and control over policy--particularly economic policy. The book shows that repression is a tempting first option for rulers seeking to maximize their benefits, but that liberalization becomes more attractive as a means of minimizing losses when it becomes increasingly certain that the alternatives are chaos, deposition, or even death. Chapters cover topics as diverse as the politics of seventeenth-century England and of twentieth-century Chile; why so many countries have liberalized in recent decades; and why even democratic governments see a need to reduce state power. The book makes use of formal modeling, statistical analysis, and traditional historical analysis. The contributors are Paul Drake, Stephen Haggard, William Heller, Robert Kaufman, Phil Keefer, Brian Loveman, Mathew McCubbins, Douglass North, Ronald Rogowski, and Barry Weingast.
Commitment to free speech is a fundamental precept of all liberal
democracies. However, democracies can differ significantly when
addressing the constitutionality of laws regulating certain kinds
of speech. In the United States, for instance, the commitment to
free speech under the First Amendment has been held by the Supreme
Court to protect the public expression of the most noxious racist
ideology and hence to render unconstitutional even narrow
restrictions on hate speech. In contrast, governments have been
accorded considerable leeway to restrict racist and other extreme
expression in almost every other democracy, including Canada, the
United Kingdom, and other European countries. This book considers
the legal responses of various liberal democracies towards hate
speech and other forms of extreme expression, and examines the
following questions:
"A spirited and absorbing history of emancipation, oppression, and rebellion in the British empire."--C. Vann Woodward. "Holt greatly extends and deepens our understanding of the emancipation experience when, for just over a century, the people of Jamaica struggled to achieve their own vision of freedom and autonomy against powerful conservative forces."--David Barry Gaspar.
The essays collected in "Persecution and the Art of Writing" all
deal with one problem--the relation between philosophy and
politics. Here, Strauss sets forth the thesis that many
philosophers, especially political philosophers, have reacted to
the threat of persecution by disguising their most controversial
and heterodox ideas.
The business of journalism has an extensive, storied, and often romanticized history. Newspaper reporting has long shaped the way that we see the world, played key roles in exposing scandals, and has even been alleged to influence international policy. The past several years have seen the newspaper industry in a state of crisis, with Twitter and Facebook ushering in the rise of citizen journalism and a deprofessionalization of the industry, plummeting readership and revenue, and municipal and regional papers shuttering or being absorbed into corporate behemoths. Now billionaires, most with no journalism experience but lots of power and strong views, are stepping in to purchase newspapers, both large and small. This addition to the What Everyone Needs to Know (R) series looks at the past, present and future of journalism, considering how the development of the industry has shaped the present and how we can expect the future to roll out. It addresses a wide range of questions, from whether objectivity was only a conceit of late twentieth century reporting, largely behind us now; how digital technology has disrupted journalism; whether newspapers are already dead to the role of non-profit journalism; the meaning of "transparency" in reporting; the way that private interests and governments have created their own advocacy journalism; whether social media is changing journalism; the new social rules of old media outlets; how franchised media is addressing the problem of disappearing local papers; and the rise of citizen journalism and hacker journalism. It will even look at the ways in which new technologies potentially threaten to replace journalists.
Free Expression and Democracy takes on the assumption that limits on free expression will lead to authoritarianism or at least a weakening of democracy. That hypothesis is tested by an examination of issues involving expression and their treatment in countries included on The Economist's list of fully functioning democracies. Generally speaking, other countries allow prohibitions on hate speech, limits on third-party spending on elections, and the protection of children from media influences seen as harmful. Many ban Holocaust denial and the desecration of national symbols. Yet, these other countries all remain democratic, and most of those considered rank more highly than the United States on the democracy index. This book argues that while there may be other cultural values that call for more expansive protection of expression, that protection need not reach the level present in the United States in order to protect the democratic nature of a country.
The revival of authoritarianism is one of the most important forces reshaping world politics today. However, not all authoritarians are the same. To examine both resurgence and variation in authoritarian rule, Karrie J. Koesel, Valerie J. Bunce, and Jessica Chen Weiss gather a leading cast of scholars to compare the most powerful autocracies in global politics today: Russia and China. The essays in Citizens and the State in Authoritarian Regimes focus on three issues that currently animate debates about these two countries and, more generally, authoritarian political systems. First, how do authoritarian regimes differ from one another, and how do these differences affect regime-society relations? Second, what do citizens think about the authoritarian governments that rule them, and what do they want from their governments? Third, what strategies do authoritarian leaders use to keep citizens and public officials in line and how successful are those strategies in sustaining both the regime and the leader's hold on power? Integrating the most important findings from a now-immense body of research into a coherent comparative analysis of Russia and China, this book will be essential for anyone studying the foundations of contemporary authoritarianism.
Academic freedom is under siege, as our universities become the sites of increasingly fraught battles over freedom of speech. While much of the public debate has focussed on 'no platforming' by students, this overlooks the far graver threat posed by concerted efforts to silence the critical voices of both academics and students, through the use of bureaucracy, legal threats and online harassment. Such tactics have conspicuously been used, with particularly virulent effect, in an attempt to silence academic criticism of Israel. This collection uses the controversies surrounding the Israeli-Palestinian conflict as a means of exploring the limits placed on academic freedom in a variety of different national contexts. It looks at how the increased neoliberalisation of higher education has shaped the current climate, and considers how academics and their universities should respond to these new threats. Bringing together new and established scholars from Palestine and the wider Middle East as well as the US and Europe, Enforcing Silence shows us how we can and must defend our universities as places for critical thinking and free expression.
The freedom to think what you want and to say what you think has always generated a pushback of regulation and censorship. This raises the thorny question: to what extent does free speech actually endanger speech protection? This book examines today's calls for speech legislation and places it into historical perspective, using fascinating examples from the past 200 years, to explain the historical context of laws regulating speech. Over time, the freedom to speak has grown, the ways in which we communicate have evolved due to technology, and our ideas about speech protection have been challenged as a result. Now more than ever, we are living in a free speech paradox: powerful speakers weaponize their rights in order to silence those less-powerful speakers who oppose them. By understanding how this situation has developed, we can stand up to these threats to the freedom of speech.
Fifty years after the event, here is the first full account of an audacious publishing decision that - with the help of booksellers and readers around the country - forced the end of literary censorship in Australia. For more than seventy years, a succession of politicians, judges, and government officials in Australia worked in the shadows to enforce one of the most pervasive and conservative regimes of censorship in the world. The goal was simple: to keep Australia free of the moral contamination of impure literature. Under the censorship regime, books that might damage the morals of the Australian public were banned, seized, and burned; bookstores were raided; publishers were fined; and writers were charged and even jailed. But in the 1970s, that all changed. In 1970, in great secrecy and at considerable risk, Penguin Books Australia resolved to publish Portnoy's Complaint - Philip Roth's frank, funny, and profane bestseller about a boy hung up about his mother and his penis. In doing so, Penguin spurred a direct confrontation with the censorship authorities, which culminated in criminal charges, police raids, and an unprecedented series of court trials across the country. Sweeping from the cabinet room to the courtroom, The Trials of Portnoy draws on archival records and new interviews to show how Penguin and a band of writers, booksellers, academics, and lawyers determinedly sought for Australians the freedom to read what they wished - and how, in defeating the forces arrayed before them, they reshaped Australian literature and culture forever.
Language is our key to imagining the world, others, and ourselves. Yet sometimes our ways of talking dehumanize others and trivialize human experience. In war other people are imagined as enemies to be killed. The language of race objectifies those it touches, and propaganda disables democracy. Advertising reduces us to consumers, and cliches destroy the life of the imagination. How are we to assert our humanity and that of others against the forces in the culture and in our own minds that would deny it? What kind of speech should the First Amendment protect? How should judges and justices themselves speak? These questions animate James Boyd White's "Living Speech," a profound examination of the ethics of human expression--in the law and in the rest of life. Drawing on examples from an unusual range of sources--judicial opinions, children's essays, literature, politics, and the speech-out-of-silence of Quaker worship--White offers a fascinating analysis of the force of our languages. Reminding us that every moment of speech is an occasion for gaining control of what we say and who we are, he shows us that we must practice the art of resisting the forces of inhumanity built into our habits of speech and thought if we are to become more capable of love and justice--in both law and life."
No figure stands taller in the world of First Amendment law than Oliver Wendell Holmes, Jr. This is the first anthology of Justice Holmes's writings, speeches and opinions concerning freedom of expression. The book contains eight original essays designed to situate Holmes's works in historical and biographical context. The volume is enriched by extensive commentaries concerning its many entries, which consist of letters, speeches, book excerpts, articles, state court opinions and U.S. Supreme Court opinions. The edited materials - spanning Holmes's 1861-1864 service in the Civil War to his 1931 radio address to the nation - offer a unique view of the thoughts of the father of the modern First Amendment. The book's epilogue, which includes a major discovery about Holmes's impact on American statutory law, explores Holmes's free speech legacy. In the process, the reader comes to know Holmes and his jurisprudence of free speech as never before.
Just how much freedom of speech should high school students have? Does giving children and adolescents a far-reaching right of expression, without joining it to responsibility, ultimately result in an asylum that is run by its inmates? Since the late 1960s, the United States Supreme Court has struggled to clarify the contours of constitutionally guaranteed freedom of speech rights for students. But as this thought-provoking book contends, these court opinions have pitted students and their litigious parents against schools while undermining the schools necessary disciplinary authority. In a clear and lively style, sprinkled with wry humor, Anne Proffitt Dupre examines the way courts have wrestled with student expression in school. These fascinating cases deal with political protest, speech codes, student newspapers, book banning in school libraries, and the long-standing struggle over school prayer. Dupre also devotes an entire chapter to teacher speech rights. In the final chapter on the 2007 Bong Hits 4 Jesus case, she asks what many people probably wondered: when the Supreme Court gave teenagers the right to wear black armbands in school to protest the Vietnam War, just how far does this right go? Did the Court also give students who just wanted to provoke their principal the right to post signs advocating drug use? Each chapter is full of insight into famous decisions and the inner workings of the courts. "Speaking Up" offers eye-opening history for students, teachers, lawyers, and parents seeking to understand how the law attempts to balance order and freedom in schools. |
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