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Written by a team of leading scholars and practitioners in the fields of copyright and free speech, this work analyses the potential for interaction and conflict between the two rights. Free speech is the lifeblood of any democracy. As John Stuart Mill stated, "In government, perfect freedom of discussion in all its modes - speaking, writing, and printing - in law and in fact is the first requisite of good because the first condition of popular intelligence and mental progress." (Letter by John Stuart Mill, 18 March, 1840) Copyright, on the other hand, represent a property regime which protects human creativity as manifested in all types of expressions such as literary works, paintings and music. Both these notions, copyright and free speech, are united in the fact of their recognition as fundamental freedoms of all individuals within the national, regional and international framework of human rights. However, the rights are also antithetical in nature, giving rise to both political and jurisprudential tensions. These tensions have become recently accentuated by the advent of legislative developments. Both in the United States and within the European Union, legal commentators argue that recent copyright legislation has paid insufficient regard to free speech. This concern is underlined by the series of First Amendment challenges that have been brought against the United States Digital Millennium Copyright Act. The recent causes celebres not only highlight the antagonistic relationship between copyright and free speech but also prominently depict the potential conflict between public and private interests in information - the Dead Sea Scrolls decision (Israel), the Wind Done Gone, Eldred and DeCSS cases (United States) and the Hyde Park v Yelland and Ashdown v Telegraph Group (United Kingdom). A further query which requires attention is the impact of the growing significance of international copyright law for the developing world. The raised profile of these conflicts has resulted in an increasing amount of attention from academe and the legal profession. Some of the authors of this volume have made influential contributions and are directly involved, both legally and politically, in the debate. There has, however, been no sustained study of the conflict across a variety of different jurisdictions. This book addresses the copyright/free speech relationship within a comparative and international legal framework. Moreover, the key questions regarding access to information and the digital challenges are addressed from both theoretical and practical perspectives.
This is a new study of the employment law implications for employees who exercise the right to free speech. The book examines the philosophical basis for protecting free speech, the impact of the Human Rights Act 1998 and article 10 of the ECHR, the implications of free speech for the contract of employment, the Public Interest Disclosure Act 1998, and the special position of local government and NHS staff and civil servants.
The yearly volumes of Censored, in continuous publication since
1976 and since 1995 available through Seven Stories Press, is
dedicated to the stories that ought to be top features on the
nightly news, but that are missing because of media bias and
self-censorship. The top stories are listed democratically in order
of importance according to students, faculty, and a national panel
of judges. Each of the top stories is presented at length,
alongside updates from the investigative reporters who broke the
This enlightening book offers a collection of histories of underground papers from the Vietnam Era as written and told by key staff members of the time. Their stories, building on those presented in Part 1, represent a wide range of publications: countercultural, gay, lesbian, feminist, Puerto Rican, Native American, Black, socialist, Southern consciousness, prisoners' rights, New Age, rank-and-file, military, and more. Wachsberger notes that the underground press not only produced a few well-known papers but also was truly national and diverse in scope. His goal is to capture the essence of "the countercultural community." This book will be a fundamental resource for anyone seeking a deeper understanding of a dramatic era in U.S. history, as well as offering a younger readership a glimpse into a generation of idealists who rose up to challenge and improve government and society.
In this in this riveting and revealing book, Steve Levy, gives a gripping account of the real-life liberal bias in the media. Once his county's most popular politician, Steve shares a shocking story about how the media treats a politician who switches parties from Democrat to Republican. Few books have been written about switching political affiliations, its repercussions and its consequences. Bias in the Media explores how the liberal media tries to shape the outcome of elections by: Omitting information opposing their agenda Printing outright false information Determining who will be quoted in articles Making morality decisions on what is "right" or correct When Steve Levy was the Democratic county executive of New York's largest suburban county, he believed that complaints of liberal media bias were exaggerated. But after switching parties, running for governor and living in the shoes of a Republican office holder, he came to the conclusion that the bias is not only real, but is actually understated. The change in media coverage Levy experienced firsthand after switching his party from Democrat to Republican was nothing less than startling. "During his years in Long Island politics and government Steve Levy bravely confronted and exposed the shameless hypocrisy, self-righteousness and left wing bias which pervade Newsday and the New York Times. Now, as an author, he convincingly completes the job. 'Bias In The Media' is a must read!" ~ Congressman Pete King "Steve Levy gives you a real perspective of public service from the satisfaction of serving citizens to the incredible tribulations involved in switching parties...his unique perspective is all spelled out in this fascinating read." ~Brian Kilmeade , Fox News
This book offers the most in-depth analysis of journalistic attention to the Supreme Court (primarily television) currently available. It combines penetrating and remarkably frank interviews with prominent Supreme Court journalists with extensive examination of videotapes of network television news coverage of the Court, to provide a comprehensive picture of how numerous constraints faced by reporters covering the Court (imposed by the nature of the television news industry and the Court itself) contribute to the pattern of infrequent, brief, and in too many instances, incorrect and misleading stories that are aired about the Court. The implications of this situation for the American public are explored.
In 2014, renowned professor Steven Salaita had his appointment to a tenured professorship revoked by the University of Illinois at Urbana-Champaign in response to his tweets criticizing the Israeli government's assault on Gaza. Salaita's firing generated a huge public outcry, with thousands petitioning for his reinstatement and more than five thousand scholars pledging to boycott UIUC. His case raises important questions about academic freedom, free speech on campus and the movement for justice in Palestine. In Uncivil Rites, Salaita reflects upon the controversy.
Traces the intellectual heritage of the libertarian tradition and clarifies the distinctions between Marxist and Bakuninist thought. "The book initially concentrates on John Stuart] Mill, and in the process contrasts his liberal assumptions and conclusions with those of more radical thinkers. McKercher has provided some desperately needed clarification of libertarian thinking."--"The Humanist in Canada"
To date, scholarly work on public support for free expression has been rather sporadic and primarily descriptive. The authors propose the theory that those who hold power in a society are more likely than the comparatively disenfranchised to support gree speech and free press rights. They support this proposition with original survey data gathered in the U.S. Russia, Hong Kong and Israel among Arabs and Jews.
For a long time, Africa has 'lagged' behind global advances in transparency, but there are now significant developments on the continent. In a ground-breaking book, Access to Information in Africa brings together for the first time a collection of African academics and practitioners to contribute to the fast-growing body of scholarship that is now accumulating internationally. This is therefore an African account of progress made and setbacks suffered, but also an account of challenges and obstacles that confront both policy-makers and practitioners. These challenges must be overcome if greater public access to information is to make a distinctive, positive contribution to the continent's democratic and socio-economic future. This book offers a necessarily multi-dimensional perspective on the state of ATI in African jurisdictions and the emerging, new praxis - a praxis that will entail a genuine domestication of the right of access to information on the continent.
This is the first book to tell the story of censorship in Northern Ireland and the south between 1922 and 1939. "Censorship in the Two Irelands" examines the differences in how the two regimes treated freedom of speech - and finds some surprising similarities. Beginning with the history of censorship under British rule and during the Irish Revolution it shows how the new states built on that legacy. It examines all forms of censorship in the period: political, film, literature, radio and theatre and puts them into an international context showing how the two Irelands at some times resembled other jurisdictions but also created their own unique legacies of repression. This is the story of how a Unionist government treated Nationalist dissent, IRA propaganda and labour organisations. It compares Northern repression of these groups to southern actions against the IRA and Irish communists. It also tells how the two states reacted to foreign culture in cinema and literature. It shows how a powerful lobby of conservative, Catholic activists convinced the Irish Free State to introduce stringent censorships of film and literature. The scandalous decisions of the period, when authors like Steinbeck, Shaw and O'Faoilain were banned are examined but are also put in their international context. The most detailed study yet of the early years of censorship in the two Irelands, this work questions how serious either government really was about protecting freedom of expression. It poses challenges about how far a state should tolerate dissent, new ideas or controversial art; problems that are as relevant today as they were eighty years ago.
Review: 'An intriguing tale by a former foreign correspondent who followed his dream and built a hotel on a lake in a remote part of Poland. In the post-Communist era John Borrell found himself battling old style corruption and intimidation. As this elegantly written book shows, he eventually triumphed and continues to live the dream' --James MacManus, author of On the Broken Shore and Language of the Sea 'This is not simply another foreigner-makes-home-abroad story. Borrell was for many years a foreign correspondent for TIME and he writes with a reporter's keen eye for detail on his battle against corruption while building a lodge, and a new life, on a beautiful lake in northern Poland' --Alan Cowell, author of The Terminal Spy and New York Times Paris correspondent 'A deft weave of reporting, history and personal anecdotes, John Borrell's account of the travails, drama and misadventures of creating a luxury lodge in post-Communist Poland reads like a novel - one that could only have been lived, and written, by a consummate foreign correspondent' --Allen Pizzey, CBS News foreign correspondent.
Few virtues are as celebrated in contemporary culture as openness.
Rooted in software culture and carrying more than a whiff of
Silicon Valley technical utopianism, openness--of decision-making,
data, and organizational structure--is seen as the cure for many
problems in politics and business.
Free Speech on America's K-12 and College Campuses: Legal Cases from Barnette to Blaine covers the history of legal cases involving free speech issues on K-12 and college campuses, mostly during the fifty-year period from 1965 through 2015. While this book deals mostly with high school and college newspapers, it also covers religious issues (school prayer, distribution of religious materials, and use of school facilities for voluntary Bible study), speech codes, free speech zones, self-censorship due to political correctness, hate speech, threats of disruption and violence, and off-campus speech, including social media. Randall W. Bobbitt provides a representative sampling of cases spread across the five decades and across the subject areas listed above. Recommended for scholars of communication, education, political science, and legal studies.
Benjamin F. Shambaugh Award, Honorable Mention The tension between free speech and social stability has been a central concern throughout American history. In the 1960s that concern reached a fever pitch with the anti-Vietnam War movement. When anti-war sentiment "invaded" American schools, official resolve to retain order in the classroom vied with the rights of students to speak freely. A key event in that face-off was the Supreme Court decision in Tinker v. Des Moines. In 1965, five public school students in Des Moines-including John Tinker, a Methodist minister's son--protested the Vietnam War by wearing black armbands in defiance of school policy. Suspended on disciplinary grounds that were upheld in federal court, the students took their case to the Supreme Court, arguing that they had been denied their right of freedom of expression under the First Amendment. Ruling in their favor, the Court determined that armbands did not constitute a sufficient reason to abridge free speech--a decision which helped provide a legal foundation for subsequent anti-war protests. John Johnson now offers a detailed account of Tinker that captures the personal struggle of the litigants and places this seminal constitutional controversy in the legal and historical context of the 1960s. In this highly readable book, he shows that the case is important for its divergent perspectives on the limits of free speech and explains how the majority and dissenting Court opinions mirrored contemporary attitudes toward the permissible limits of public protest. As the most important student rights case ever to reach the Supreme Court, Tinker raises important issues regarding First Amendment freedoms and is a strong precedent for both the rights of public school students and legitimate civil disobedience. The Struggle for Student Rights contains previously unpublished information and insights on this well-known case and provides a fascinating legal window on a turbulent era. With federal and state courts now considering the limits of speech and symbolic expressions in our schools, it makes a significant contribution to understanding the principles that are at stake.
In recent years, there has been much debate about the suppression of federal government information on the basis of national or homeland security. This important new book will help readers begin to assess the impact of the various trends and forces on the ability to find, obtain, and use federal government information. It reviews the recent history of withdrawn access, including the Freedom of Information Act and other relevant legislation, and details the controls that have been imposed on public access in a variety of arenas.
During the seventeenth and eighteenth centuries, the Dutch Republic was one of the main centers of media in Europe. These media included newspapers, pamphlets, news digests, and engravings. Early Modern Media and the News in Europe brings together fifteen articles dealing with this early news industry in relation to politics and society, written by Joop W. Koopmans in recent decades. They demonstrate the important Dutch position within early modern news networks in Europe. Moreover, they address a variety of related themes, such as the supply of news during wars and disasters, the speed of early modern news reports, the layout of early newspapers and the news value of their advertisements, and censorship of books and news media.
Freedom of expression on disturbing matters of society, history, and governance is becoming ever more contested in Canada. The idea that official meanings and histories can legally substitute for publicly constructed ones - for fear of what an uncensored public might themselves construct - is gaining widespread acceptance. Public invocation of hate propaganda law, its language, and its moral authority in otherwise ordinary discursive contexts, has been crucial to, and symbolic of, this trend. Democracy Off Balance offers an unsettling analysis of hate censorship and hate censors as a complex paradox of modern democratic discourse. Stefan Braun argues against the supposed public interest served by the hate speech laws and dissects the paradoxical forces - the politically self-contradictory thinking and the socially self-defeating assumptions - that drive hate censorship in Canada today. Braun draws on censors' own terms of social and political reference to show how they undermine their own causes with hate censorship and uncovers how hate speech law subtly impacts far beyond its strict legal confines to condition and corrode public discourse. He brings together the debate and the debaters in a multidimensional approach that challenges traditional ways of seeing the legal boundaries of freedom of expression. Democracy Off Balance is a timely and absorbing exploration of a highly controversial topic.
This volume deals with vital issues on freedom of expression and freedom of information and emphasizes the importance of the free exchange and dissemination of ideas and of open, and therefore more accountable, government. It notes the ways in which these freedoms have received recent legislative attention in the Human Rights Act 1998, the Public Interest Disclosure Act 1998 and the Freedom of Information Bill.
Media and Politics in Contemporary Italy is the first book to provide a comprehensive examination of the media system in Italy during the last twenty years. Seeing the rise of new political actors and the growing role of the Internet and social media, the general elections of February 2013 have symbolically closed a twenty-year period of Italian history dominated by Silvio Berlusconi politically and by television as channel of political communication. The analysis focuses on change and continuity with past media structures, cultures and practices, and considers the "Berlusconi factor," namely the impact of one man on the country's media system, journalism, and political communication.
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