Free Speech; Responsible Communication Under Law

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Release : 1972
Genre : Freedom of speech
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Book Rating : /5 ( reviews)

Free Speech; Responsible Communication Under Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Free Speech; Responsible Communication Under Law write by Robert M. O'Neil. This book was released on 1972. Free Speech; Responsible Communication Under Law available in PDF, EPUB and Kindle.

Free Speech and the Regulation of Social Media Content

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Release : 2019-04-03
Genre : Law
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Book Rating : 158/5 ( reviews)

Free Speech and the Regulation of Social Media Content - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Free Speech and the Regulation of Social Media Content write by Valerie C. Brannon. This book was released on 2019-04-03. Free Speech and the Regulation of Social Media Content available in PDF, EPUB and Kindle. As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.

Protecting the right to freedom of expression under the European Convention on Human Rights

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Release : 2017-08-04
Genre : Political Science
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Protecting the right to freedom of expression under the European Convention on Human Rights - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Protecting the right to freedom of expression under the European Convention on Human Rights write by Bychawska-Siniarska, Dominika. This book was released on 2017-08-04. Protecting the right to freedom of expression under the European Convention on Human Rights available in PDF, EPUB and Kindle. 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.

The Handbook of Communication Rights, Law, and Ethics

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Release : 2021-07-06
Genre : Law
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Book Rating : 496/5 ( reviews)

The Handbook of Communication Rights, Law, and Ethics - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Handbook of Communication Rights, Law, and Ethics write by Loreto Corredoira. This book was released on 2021-07-06. The Handbook of Communication Rights, Law, and Ethics available in PDF, EPUB and Kindle. Discover how modern technological realities shape freedoms of expression and opinion with this comprehensive resource. The Handbook of Communication Rights, Law, and Ethics delivers an extensive review of the challenges facing modern communication rights. It offers readers an examination of the interplay between communication law and ethics and the role played by communication professionals in protecting individuals’ rights to communication. Distinguished authors Loreto Corredoira, Ignacio Bel Mallén and Rodrigo Cetina Presuel walk readers through the fundamental ideas and concepts that represent universal common ground regarding communication rights. They compare communication rights theories developed in Europe, the United States, Latin America, Australia, and East Asia to describe how communication-related freedoms and rights are formulated and applied around the world. Finally, the meaning of the phrases “freedom of expression” and “freedom of the press” are examined in the context of national constitutions and international human rights instruments.The Handbook of Communication Rights, Law, and Ethics provides readers with: A diverse, global perspective on how communication rights are protected and challenged around the world A universal vision of communication rights that encourages dialogue rather than confrontation A comparison of the American First Amendment of the Constitution with European communication rights theories and other legal traditions around the world An exploration of the frontiers of communication rights concepts, terminology, jurisdiction, and territoriality Perfect for professors, graduate students, doctoral students, and postdoctoral researchers studying communication rights and freedom of expression around the world, The Handbook of Communication Rights, Law, and Ethics also belongs on the bookshelves of researchers studying issues surrounding freedom of the press in North America, Europe, and Latin America.

Regulating Speech in Cyberspace

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Release : 2015-08-07
Genre : Law
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Book Rating : 056/5 ( reviews)

Regulating Speech in Cyberspace - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Regulating Speech in Cyberspace write by Emily B. Laidlaw. This book was released on 2015-08-07. Regulating Speech in Cyberspace available in PDF, EPUB and Kindle. Private companies exert considerable control over the flow of information on the internet. Whether users are finding information with a search engine, communicating on a social networking site or accessing the internet through an ISP, access to participation can be blocked, channelled, edited or personalised. Such gatekeepers are powerful forces in facilitating or hindering freedom of expression online. This is problematic for a human rights system which has historically treated human rights as a government responsibility, and this is compounded by the largely light-touch regulatory approach to the internet in the West. Regulating Speech in Cyberspace explores how these gatekeepers operate at the intersection of three fields of study: regulation (more broadly, law), corporate social responsibility and human rights. It proposes an alternative corporate governance model for speech regulation, one that acts as a template for the increasingly common use of non-state-based models of governance for human rights.