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Speaking Back
What is hate speech? How does a person suffer when they are vilified? What can public policy do to redress it? This text proposes a new type of hate speech policy - "speaking back" - providing institutional, material and educational support to enable the victims of hate speech to respond.
Free Speech After 9/11
The relationship between counter-terrorism policy in liberal-democratic countries and freedom of speech has never been more prominent than it is today. Since the terrorist attacks of 2001, Western governments have made a distinct and deliberate move towards prevention - as opposed to purely prosecution - of terrorist crimes. However, in doing so, they have reached far into the freedom of speech, and, as Katharine Gelber argues, far further than many commentatorshave recognized. Examining the United States, the United Kingdom, and Australia, the book traces the significant shift in understandings of the appropriate parameters of freedom ofspeech and speech-practices in the counter-terrorism context, which has been seen both in policy change and in the discursive justification for that change. The book argues that this change has, to some extent, taken different forms in each jurisdiction, which reflect the pre-existing institutions within which the principle of freedom of speech was mediated in each country prior to 9/11.
Free Speech in the Digital Age
This collection of thirteen new essays is the first to examine, from a range of disciplinary perspectives, how the new technologies and global reach of the Internet are changing the theory and practice of free speech. The rapid expansion of online communication, as well as the changing roles of government and private organizations in monitoring and regulating the digital world, give rise to new questions, including: How do philosophical defenses of the right to freedom of expression, developed in the age of the town square and the printing press, apply in the digital age? Should search engines be covered by free speech principles? How should international conflicts over online speech regulations be resolved? Is there a right to be forgotten that is at odds with the right to free speech? How has the Internet facilitated new speech-based harms such as cyber-stalking, twitter-trolling, and revenge porn, and how should these harms be addressed? The contributors to this groundbreaking volume include philosophers, legal theorists, political scientists, communications scholars, public policy makers, and activists.
Hate Speech and Freedom of Speech in Australia
Hate speech laws have existed in various forms in Australia for well over a decade. Unlike other countries, such as the United States and Canada, they have not faced constitutional hurdles to their existence. The general acceptance of hate speech laws in Australia opens intellectual space for the exploration of a range of interesting questions regarding the laws' operation, the underlying values they pursue and the context within which hate speech is occurring. How should the regulation of hate speech be balanced against Australia's political and cultural commitment to freedom of speech? Who are the hate speakers and how does their speech manifest? What types of hate speech are targeted by e...
Free Speech after 9/11
Although there has been a lot written about how counter-terrorism laws impact on human rights and civil liberties, most of this work has focussed on the most obvious or egregious kinds of human rights abrogation, such as extended detention, torture, and extraordinary rendition. Far less has been written about the complex ways in which Western governments have placed new and far-reaching limitations on freedom of speech in this context since 9/11. This book compares three liberal democracies - the United States, the United Kingdom and Australia, in particular showing the commonalities and similarities in what has occurred in each country, and the changes in the appropriate parameters of freed...
The Capability Approach
This book provides a unique laboratory of ‘capabilities in practice’ in the Asia-Pacific region. It explores the application of the capability approach in development practice and public policy from a multidisciplinary perspective by bringing together scholars and practitioners from a wide range of disciplinary backgrounds, including development studies, health policy, political science, political theory, political economy, architecture, indigenous studies, urban planning and communication technologies. The first part of the book provides a foundational theoretical framework to introduce the empirical applications of the capability theory in different areas of development practice and pu...
Contested Words
In modern liberal democracies, rights-based judicial intervention in the policy choices of elected bodies has always been controversial. For some, such judicial intervention has trivialized and impoverished democratic politics. For others judges have contributed to a dynamic and healthy dialogue between the different spheres of the constitution, removed from pressures imposed on elected representatives to respond to popular sentiment. This book provides a critical evaluation of ongoing debates surrounding the judicial role in protecting fundamental human rights, focusing in particular on legislative/executive abridgment of a core freedom in western society - namely, liberty of expression. A range of types of expression are considered, including expression related to electoral processes, political expression in general and sexually explicit forms of expression.
The High Court, the Constitution and Australian Politics
This book is an important contribution to the fields of law, politics and to comparative constitutional law more generally.
The Content and Context of Hate Speech
This volume considers whether it is possible to establish carefully tailored hate speech policies that recognize the histories and values of different countries.
The Harm in Hate Speech
Every liberal democracy has laws or codes against hate speech—except the United States. For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities. Causing offense—by depicting a religious leader as a terrorist in a newspaper cartoon, for example—is not the same as launching a libelous attack on a group’s dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, un...
