Download or read book Sedition and the Advocacy of Violence written by Sarah Sorial and published by Routledge. This book was released on 2013-03 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sedition refers to the uttering or writing of words intended to bring the sovereign state into hatred or contempt, to urge disaffection against the Constitution or democratically elected government, or the attempt to procure change in government by unlawful means. Modern sedition laws, such as those enacted in Australia, the United Kingdom, the United States and The Council of Europe target types of speech advocating violence against the state, in the form of religious sermons preaching violent jihad or glorifying acts of terrorism, although they have the potential to cover much more than this. For this reason, the modernisation of sedition laws renewed debate about the status of free speech and religious expression in a time of so-called terror. This book will look at the issue of sedition by providing an explanatorily account of the relation between speech and action using speech act theory as developed by J.L. Austin and applying this to the task of developing a defence of freedom of speech as a qualified right. This book contributes to the debate over the contested status of freedom of speech that sedition laws give rise to by filling in the explanatory gaps in our current understanding of the value of free speech as a qualified right. It provides arguments that go beyond the traditional parameters of the debate by exploring, in significant detail, the ways in which speech is also conduct, the ways in which it can harm the social interest, and why, for these reasons, sedition might be defensible, but also suggest ways in which their scope could be limited to ensure that such laws are not open to abuse.
Download or read book United States Code written by United States and published by . This book was released on 2001 with total page 1722 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sedition and the Advocacy of Violence written by Sarah Sorial and published by Routledge. This book was released on 2013-03-01 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book employs the theoretical framework of ‘speech act theory’ to analyse current legislative frameworks and cases pertaining to sedition or the advocacy of violence and the issue of freedom of speech. An analysis of the relation between speech and action offers a promising way of clarifying confusion over the contested status of speech, which advocates violence as a political strategy. This account reflects an understanding of philosophical issues about both the nature of freedom and speech and how these issues can be applied to concrete legal problems. This approach will shed new light on the problems of the sedition laws and how they might be remedied by providing a conceptual account of the nature of speech and its relation to action. On the basis of J.L Austin’s account of verdictive and exercitive speech acts, it is argued that while all speech acts are ‘conduct’ in a narrow sense, not all of them have the power to produce effects. This philosophical account will have legal consequences for how we classify speech acts deemed to be dangerous, or to cause harm. It also suggests that because speech can evoke or constitute action or conduct in certain circumstances, modern versions of sedition laws might in principle be defensible, but not in their current form. On the basis of this account, it is argued that the harms caused or constituted by speech can be located in the authority of the speaker. Sedition and Violence Against the State: Free Speech and Counter-Terrorism will be of interest to students and scholars of philosophy of law and legal theory.
Download or read book Fighting Words written by Australia. Law Reform Commission and published by . This book was released on 2006-01-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sedition in Liberal Democracies written by Anushka Singh and published by Oxford University Press. This book was released on 2018-02-16 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the relationship between sedition and liberal democracies, particularly in India, this book looks at the biography of sedition laws, its contradictory position against free speech, and democratic ethics. Recent sedition cases registered in India show that the law in its wide and diverse deployment was used against agitators in a community-based pro-reservation movement, group of university students for their alleged ‘anti-national’ statements, anti-liquor activists, and anti-nuclear movement, to name a few. Set against its contemporary use, this book has used sedition as a lens to probe the fate of political speech in liberal democracy. The lived reality of the law of sedition in changing anthropological sites is juxtaposed with its positivist existence. Anushka Singh uses a comparative framework keeping in focus the Indian experience backed by fieldwork in Haryana, Maharashtra, and Delhi, and includes a comparative perspective from England, the USA, and Australia to contribute to debates on sedition within liberal democracies at large, especially in the wake of the proliferation of counter-terror legislations.
Download or read book The Free Speech Century written by Lee C. Bollinger and published by . This book was released on 2019 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for first invoking the phrase "clear and present danger." Although the decision upheld the conviction of an individual for criticizing the draft during World War I, it also laid the foundation for our nation's robust protection of free speech. Over time, the standard Holmes devised made freedom of speech in America a reality rather than merely an ideal. In The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars--Cass Sunstein, Lawrence Lessig, Laurence Tribe, Kathleen Sullivan, Catherine McKinnon, among others--to evaluate the evolution of free speech doctrine since Schenk and to assess where it might be headed in the future. Since 1919, First Amendment jurisprudence in America has been a signal development in the history of constitutional democracies--remarkable for its level of doctrinal refinement, remarkable for its lateness in coming (in relation to the adoption of the First Amendment), and remarkable for the scope of protection it has afforded since the 1960s. Over the course of The First Amendment Century, judicial engagement with these fundamental rights has grown exponentially. We now have an elaborate set of free speech laws and norms, but as Stone and Bollinger stress, the context is always shifting. New societal threats like terrorism, and new technologies of communication continually reshape our understanding of what speech should be allowed. Publishing on the one hundredth anniversary of the decision that laid the foundation for America's free speech tradition, The Free Speech Century will serve as an essential resource for anyone interested in how our understanding of the First Amendment transformed over time and why it is so critical both for the United States and for the world today.
Download or read book The Content and Context of Hate Speech written by Michael Herz and published by Cambridge University Press. This book was released on 2012-04-09 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors to this volume consider whether it is possible to establish carefully tailored hate speech policies that are cognizant of the varying traditions, histories and values of different countries. Throughout, there is a strong comparative emphasis, with examples (and authors) drawn from around the world. All the authors explore whether or when different cultural and historical settings justify different substantive rules given that such cultural relativism can be used to justify content-based restrictions and so endanger freedom of expression. Essays address the following questions, among others: is hate speech in fact so dangerous or harmful to vulnerable minorities or communities as to justify a lower standard of constitutional protection? What harms and benefits accrue from laws that criminalize hate speech in particular contexts? Are there circumstances in which everyone would agree that hate speech should be criminally punished? What lessons can be learned from international case law?
Download or read book Crime To Promote the Overthrow of the Government written by United States. Congress. House. Committee on the Judiciary. Subcommittee No. 2 and published by . This book was released on 1935 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Committee Serial No. 5.
Download or read book Terrorism Violent Extremism and the Internet written by Victoria L Killion and published by Independently Published. This book was released on 2019-05-23 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent acts of terrorism and hate crimes have prompted a renewed focus on the possible links between internet content and offline violence. While some have focused on the role that social media companies play in moderating user-generated content, others have called for Congress to pass laws regulating online content promoting terrorism or violence. Proposals related to government action of this nature raise significant free speech questions, including (1) the reach of the First Amendment's protections when it comes to foreign nationals posting online content from abroad; (2) the scope of so-called "unprotected" categories of speech developed long before the advent of the internet; and (3) the judicial standards that limit how the government can craft or enforce laws to preserve national security and prevent violence. At the outset, it is not clear that a foreign national could invoke the protections of the First Amendment. The Supreme Court has never directly opined on this question. However, its decisions regarding the extraterritorial application of other constitutional protections to foreign nationals and lower court decisions involving speech made by foreign nationals while outside of the United States suggest that the First Amendment may not apply in that scenario. In contrast, free speech considerations are likely to be highly relevant in evaluating the legality of (1) proposals for the U.S. government to regulate what internet users in the United States can post, or (2) the enforcement of existing U.S. laws where the government seeks to hold U.S. persons liable for their online speech. Although the government typically can regulate conduct without running afoul of the First Amendment, regulations that restrict or burden expression often do implicate free speech protections. In such circumstances, courts generally distinguish between laws that regulate speech on the basis of its content and those that do not, subjecting the former to more stringent review. A law that expressly restricts online communications or media promoting violence or terrorism is likely to be deemed a content-based restriction on speech; whereas a law that primarily regulates conduct could be subject to a less stringent standard of review, unless its application to speech turns on the message expressed. Whether such laws would survive First Amendment scrutiny depends on a number of factors. Over the past 50 years, the Supreme Court has generally extended the First Amendment's free speech protections to speech that advocates violence in the abstract while allowing the government to restrict or punish speech that threatens or facilitates violence in a more specific or immediate way. The subtle distinctions that have developed over time are reflected in the categories of speech that the court has deemed unprotected, meaning that the government generally can prohibit speech in these areas because of its content. These include incitement to imminent lawless action, true threats, and speech integral to criminal conduct. Although judicial decisions have helped to define the scope of some of these categories, open questions remain as to how they apply in the context of online speech. For instance, legal scholars have questioned what it means for speech to incite "imminent" violence when posted to social media. They have also asked how threats should be perceived when made in the context of online forums where hyperbolic speech about violence is common. The extent to which the government can regulate speech promoting violence or terrorism also depends on whether its law or action satisfies the applicable level of scrutiny that the Court has developed to evaluate measures that restrict or burden speech. In general, laws that regulate protected speech on political or ideological matters are subject to strict scrutiny, but in some cases, courts have concluded that the government's national security interests justify restrictions.
Download or read book Hearings written by United States. Congress. House and published by . This book was released on 1935 with total page 1008 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Hearings written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 1935 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Field of Blood written by Joanne B. Freeman and published by Farrar, Straus and Giroux. This book was released on 2018-09-11 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: "One of the best history books I've read in the last few years." —Chris Hayes The Field of Blood recounts the previously untold story of the violence in Congress that helped spark the Civil War. A NEW YORK TIMES NOTABLE BOOK OF THE YEAR AN NPR BEST BOOK OF THE YEAR ONE OF SMITHSONIAN'S BEST HISTORY BOOKS OF THE YEAR Historian Joanne B. Freeman recovers the long-lost story of physical violence on the floor of the U.S. Congress. Drawing on an extraordinary range of sources, she shows that the Capitol was rife with conflict in the decades before the Civil War. Legislative sessions were often punctuated by mortal threats, canings, flipped desks, and all-out slugfests. When debate broke down, congressmen drew pistols and waved Bowie knives. One representative even killed another in a duel. Many were beaten and bullied in an attempt to intimidate them into compliance, particularly on the issue of slavery. These fights didn’t happen in a vacuum. Freeman’s dramatic accounts of brawls and thrashings tell a larger story of how fisticuffs and journalism, and the powerful emotions they elicited, raised tensions between North and South and led toward war. In the process, she brings the antebellum Congress to life, revealing its rough realities—the feel, sense, and sound of it—as well as its nation-shaping import. Funny, tragic, and rivetingly told, The Field of Blood offers a front-row view of congressional mayhem and sheds new light on the careers of John Quincy Adams, Henry Clay, and other luminaries, as well as introducing a host of lesser-known but no less fascinating men. The result is a fresh understanding of the workings of American democracy and the bonds of Union on the eve of their greatest peril.
Download or read book Criminal Law By Storm written by Lisa M. Storm and published by Lulu.com. This book was released on 2015-07-17 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal Law By Storm begins with the foundations of law and the legal system, then extensively explores criminal laws and defenses using general state and federal principles, the Constitution, and the Model Penal Code as guidelines. This engaging and interactive textbook will enhance your ability to be successful in academics or a career in law, criminal justice, or paralegal. Lisa M. Storm, Esq. has taught at the community college, four-year, and graduate levels since 1992. Currently, she is a tenured faculty member in Administration of Justice at Hartnell College, a California Community College. She is also an attorney and licensed member of the California State Bar.
Download or read book Hearing s Before the written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 1935 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Investigation of Communist Propaganda written by United States. Congress. House. Special Committee on Communist Activities in the United States and published by . This book was released on 1930 with total page 2434 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Hearings Before the Committee on the Judiciary House of Representatives Sixty sixth Congress First third Session Sedition written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 1920 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Crimes against the State written by James A. Beckman and published by Bloomsbury Publishing USA. This book was released on 2024-08-08 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides an authoritative survey of America's long and turbulent history of rebellions against laws and institutions of the state, ranging from violent acts of sedition and terrorism to acts of nonviolent civil disobedience against discriminatory or unjust laws. Crimes against the State is an evenhanded and illuminating one-stop resource for understanding acts of rebellion against legal authorities and institutions and the motivations/goals driving them. Special care is taken to differentiate between hostile acts and actors that seek to overthrow or otherwise damage the state and/or targeted demographic groups through violence (such "bad actors" as the January 6 Capitol mob and bombers of abortion clinics) and acts and actors that seek to defy, reform, or improve laws and institutions of the state through nonviolent action (such "good actors" as activists in the civil rights movement). Within these pages, readers will 1) learn how to differentiate between sedition, insurrection, treason, domestic terrorism, espionage, and other acts meant to injure or overthrow the government; 2) gain a deeper understanding of laws, policies, and events that have aroused violent or nonviolent opposition; 3) gain a deeper understanding of the perspectives and motivations of both good actors and bad actors; and 4) learn about state responses to these challenges and threats, from martial law–style crackdowns to new laws and reforms.
