Jacob Rowbottom
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199548781
- eISBN:
- 9780191720673
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199548781.003.0032
- Subject:
- Law, Human Rights and Immigration
This chapter discusses the democratic justification for media freedom. The approach taken towards the media in relation to extreme speech is distinguished from that taken towards the individual. The ...
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This chapter discusses the democratic justification for media freedom. The approach taken towards the media in relation to extreme speech is distinguished from that taken towards the individual. The media may require some protection to pursue its watchdog function when reporting speech that is illegal when advocated by an individual. However, some restraints may be imposed on the media in relation to extreme speech that is legal when spoken by a citizen. This chapter has approached the issue from one particular angle: the justification of media freedom by reference to its democratic functions and how this may permit some regulations that enhance those goals.Less
This chapter discusses the democratic justification for media freedom. The approach taken towards the media in relation to extreme speech is distinguished from that taken towards the individual. The media may require some protection to pursue its watchdog function when reporting speech that is illegal when advocated by an individual. However, some restraints may be imposed on the media in relation to extreme speech that is legal when spoken by a citizen. This chapter has approached the issue from one particular angle: the justification of media freedom by reference to its democratic functions and how this may permit some regulations that enhance those goals.
Marion Elizabeth Rodgers
- Published in print:
- 2006
- Published Online:
- September 2007
- ISBN:
- 9780195072389
- eISBN:
- 9780199787982
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195072389.001.0001
- Subject:
- Literature, 19th-century and Victorian Literature
Mencken believed that the Constitution and Bill of Rights were sacred documents that set clear lines of demarcation that no government should trespass. “The two main ideas that run through all of my ...
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Mencken believed that the Constitution and Bill of Rights were sacred documents that set clear lines of demarcation that no government should trespass. “The two main ideas that run through all of my writing”, he said, “whether it be literary criticism or political polemic, are these: I am strongly in favor of liberty and I hate fraud”. Freedom had always been an issue with Mencken: first, freedom from his father's choice of a career; later, as he developed as a critic, from the Victorian Puritanism that stifled American life; then, from governmental laws that violated civil liberties for whites and blacks; and finally, during the two world wars, freedom from censorship of the press.Less
Mencken believed that the Constitution and Bill of Rights were sacred documents that set clear lines of demarcation that no government should trespass. “The two main ideas that run through all of my writing”, he said, “whether it be literary criticism or political polemic, are these: I am strongly in favor of liberty and I hate fraud”. Freedom had always been an issue with Mencken: first, freedom from his father's choice of a career; later, as he developed as a critic, from the Victorian Puritanism that stifled American life; then, from governmental laws that violated civil liberties for whites and blacks; and finally, during the two world wars, freedom from censorship of the press.
Sudhir Naib
- Published in print:
- 2011
- Published Online:
- September 2012
- ISBN:
- 9780198067474
- eISBN:
- 9780199081226
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198067474.003.0001
- Subject:
- Law, Constitutional and Administrative Law
This chapter summarizes the development, the growth, and the present trend in the freedom of information (FOI) movement and the general applicability of this doctrine within a global context. It ...
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This chapter summarizes the development, the growth, and the present trend in the freedom of information (FOI) movement and the general applicability of this doctrine within a global context. It begins by looking at the historical evolution of FOI, starting from the 1766 Swedish Freedom of the Press Act. It shows a notable increase in realising of the importance of information access, not only as a human right, but also as an important right for the promotion of good governance and the fight against corruption. The discussion shows that no less than 70 countries have implemented the Freedom of Information Act. The chapter also looks at the efforts of various international bodies for the implementation of FOI laws. A comparative study of FOI in five countries — India, United States, United Kingdom, Canada, and South Africa — is included.Less
This chapter summarizes the development, the growth, and the present trend in the freedom of information (FOI) movement and the general applicability of this doctrine within a global context. It begins by looking at the historical evolution of FOI, starting from the 1766 Swedish Freedom of the Press Act. It shows a notable increase in realising of the importance of information access, not only as a human right, but also as an important right for the promotion of good governance and the fight against corruption. The discussion shows that no less than 70 countries have implemented the Freedom of Information Act. The chapter also looks at the efforts of various international bodies for the implementation of FOI laws. A comparative study of FOI in five countries — India, United States, United Kingdom, Canada, and South Africa — is included.
Mhamed Malki
- Published in print:
- 2015
- Published Online:
- May 2015
- ISBN:
- 9789774166587
- eISBN:
- 9781617975912
- Item type:
- chapter
- Publisher:
- American University in Cairo Press
- DOI:
- 10.5743/cairo/9789774166587.003.0002
- Subject:
- Political Science, Political Economy
Viewed through the lens of the rule of law, which originated and evolved within European culture, the condition in Arab states is confounding. These states are not lacking in laws or institutions, ...
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Viewed through the lens of the rule of law, which originated and evolved within European culture, the condition in Arab states is confounding. These states are not lacking in laws or institutions, and their accession to international human rights conventions has increased in recent decades. Yet these countries remain far from the logic and culture of the rule of law. The rule of law requires more than a constitution and a set of formal rules. In the absence of a conducive environment, achieving these conditions has proven difficult. Concepts such as the state, power, political culture, and awareness of the law and human rights must be reconsidered in order to explain the marked resistance to the rule of law in Arab countries. The rule of law should empower citizens and encourage structural reforms. There are no grounds for accepting the notion of an “Arab exception” that would regard countries in the region as incapable of positive change. Change is possible in Arab states under the proper conditions. The events of the Arab Spring—despite setbacks—confirmed this view, proving the importance of the rule of law in changing the workings of the state and the performance of its institutions.Less
Viewed through the lens of the rule of law, which originated and evolved within European culture, the condition in Arab states is confounding. These states are not lacking in laws or institutions, and their accession to international human rights conventions has increased in recent decades. Yet these countries remain far from the logic and culture of the rule of law. The rule of law requires more than a constitution and a set of formal rules. In the absence of a conducive environment, achieving these conditions has proven difficult. Concepts such as the state, power, political culture, and awareness of the law and human rights must be reconsidered in order to explain the marked resistance to the rule of law in Arab countries. The rule of law should empower citizens and encourage structural reforms. There are no grounds for accepting the notion of an “Arab exception” that would regard countries in the region as incapable of positive change. Change is possible in Arab states under the proper conditions. The events of the Arab Spring—despite setbacks—confirmed this view, proving the importance of the rule of law in changing the workings of the state and the performance of its institutions.
Maximillian E. Novak
- Published in print:
- 2003
- Published Online:
- October 2011
- ISBN:
- 9780199261543
- eISBN:
- 9780191698743
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199261543.003.0027
- Subject:
- Literature, 18th-century Literature
Daniel Defoe did not publish many pamphlets during the years 1708 and 1709. Toward the end of 1709, Defoe devoted a number of issues to concepts of freedom of the press and to a new bill concerning ...
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Daniel Defoe did not publish many pamphlets during the years 1708 and 1709. Toward the end of 1709, Defoe devoted a number of issues to concepts of freedom of the press and to a new bill concerning the rights of authors which was going through Parliament. His chief job while in Scotland was defending the Union, particularly against charges in England that the Church of Scotland was persecuting the Episcopalian ministers in Scotland. He regarded these charges as inspired by the Jacobites and launched an attack upon James Greensheils, whom Defoe thought had not been properly ordained and had been thus rightfully prevented from preaching by the Church of Scotland. In some ways the narrative method of The History of the Union, with its glances backward, its dramatic plot, its focus on details and vivid scenes, and its repetitions, bore considerable resemblance to the kind of fiction Defoe would eventually write.Less
Daniel Defoe did not publish many pamphlets during the years 1708 and 1709. Toward the end of 1709, Defoe devoted a number of issues to concepts of freedom of the press and to a new bill concerning the rights of authors which was going through Parliament. His chief job while in Scotland was defending the Union, particularly against charges in England that the Church of Scotland was persecuting the Episcopalian ministers in Scotland. He regarded these charges as inspired by the Jacobites and launched an attack upon James Greensheils, whom Defoe thought had not been properly ordained and had been thus rightfully prevented from preaching by the Church of Scotland. In some ways the narrative method of The History of the Union, with its glances backward, its dramatic plot, its focus on details and vivid scenes, and its repetitions, bore considerable resemblance to the kind of fiction Defoe would eventually write.
Jonathan I. Israel
- Published in print:
- 2006
- Published Online:
- October 2011
- ISBN:
- 9780199279227
- eISBN:
- 9780191700040
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199279227.003.0031
- Subject:
- History, History of Ideas, European Modern History
This chapter focuses on physician-philosopher, Julien Offray de La Mettrie, who was involved in a remarkable and prolonged controversy affecting the course of the Radical Enlightenment in the ...
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This chapter focuses on physician-philosopher, Julien Offray de La Mettrie, who was involved in a remarkable and prolonged controversy affecting the course of the Radical Enlightenment in the mid-1740s. This philosophical but also rather public affair not only greatly scandalized respectable opinion but called into question the fundamental values and meaning of radical thought, and the relationship of the radical fringe to existing society, in a way which had far-reaching implications for the future and also highlighted the peculiarities of established methods of intellectual censorship, intensifying the long-standing controversy over toleration and freedom of the press. Most importantly, it caused a permanent and complete rupture between La Mettrie and the main body of radical philosophes.Less
This chapter focuses on physician-philosopher, Julien Offray de La Mettrie, who was involved in a remarkable and prolonged controversy affecting the course of the Radical Enlightenment in the mid-1740s. This philosophical but also rather public affair not only greatly scandalized respectable opinion but called into question the fundamental values and meaning of radical thought, and the relationship of the radical fringe to existing society, in a way which had far-reaching implications for the future and also highlighted the peculiarities of established methods of intellectual censorship, intensifying the long-standing controversy over toleration and freedom of the press. Most importantly, it caused a permanent and complete rupture between La Mettrie and the main body of radical philosophes.
- Published in print:
- 2006
- Published Online:
- June 2013
- ISBN:
- 9780804753173
- eISBN:
- 9780804767873
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804753173.003.0005
- Subject:
- History, European Modern History
The Ligue des droits de l'homme (League of the Rights of Man) leaned towards the Left for its commitment to civil liberties, which was evident in the Dreyfus affair that brought the League to its ...
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The Ligue des droits de l'homme (League of the Rights of Man) leaned towards the Left for its commitment to civil liberties, which was evident in the Dreyfus affair that brought the League to its existence. In reality, the League realized that it was difficult to reconcile its stand on civil liberties with its more general political goals. Based on its doctrine, politics should give way to principles. Throughout its existence, however, the League also had to deal with conflicts between the policies that must be dictated by liberal and civil libertarian theory and the more immediate political consequences of such policies. The League's dilemma in trying to balance its simultaneous commitment to civil liberties and left-wing politics was illustrated by the debates in France over freedom of the press, women's suffrage, and freedom of association for religious congregations.Less
The Ligue des droits de l'homme (League of the Rights of Man) leaned towards the Left for its commitment to civil liberties, which was evident in the Dreyfus affair that brought the League to its existence. In reality, the League realized that it was difficult to reconcile its stand on civil liberties with its more general political goals. Based on its doctrine, politics should give way to principles. Throughout its existence, however, the League also had to deal with conflicts between the policies that must be dictated by liberal and civil libertarian theory and the more immediate political consequences of such policies. The League's dilemma in trying to balance its simultaneous commitment to civil liberties and left-wing politics was illustrated by the debates in France over freedom of the press, women's suffrage, and freedom of association for religious congregations.
Thomas N. Corns
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199295937
- eISBN:
- 9780191712210
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199295937.003.0004
- Subject:
- Literature, 17th-century and Restoration Literature
This chapter begins with an account of the apparent contradictions between the high principles asserted in Areopagitica and the more circumscribed practical proposals it contains. It considers a ...
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This chapter begins with an account of the apparent contradictions between the high principles asserted in Areopagitica and the more circumscribed practical proposals it contains. It considers a range of critical responses to the difficulties these pose. It contrasts Milton's version of tolerationism with the more expansive and unconstrained model propounded by Roger Williams. It relates Williams's views to his experience of the repressiveness of the New England version of non-separating congregationalism, and suggests that Milton's apparent difficulties reflect his own uncertainties about the immediately current controversies within English Puritanism, which would only be resolved as he became more certain about the intractable hostility of presbyterian orthodoxy to heterodox thinkers like himself.Less
This chapter begins with an account of the apparent contradictions between the high principles asserted in Areopagitica and the more circumscribed practical proposals it contains. It considers a range of critical responses to the difficulties these pose. It contrasts Milton's version of tolerationism with the more expansive and unconstrained model propounded by Roger Williams. It relates Williams's views to his experience of the repressiveness of the New England version of non-separating congregationalism, and suggests that Milton's apparent difficulties reflect his own uncertainties about the immediately current controversies within English Puritanism, which would only be resolved as he became more certain about the intractable hostility of presbyterian orthodoxy to heterodox thinkers like himself.
- Published in print:
- 2008
- Published Online:
- June 2013
- ISBN:
- 9780804745789
- eISBN:
- 9780804763271
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804745789.003.0007
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter demonstrates that the argument that the First Amendment had a clear, determinate original meaning, understood or assumed to be embedded in the words “the freedom of speech, [and] of the ...
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This chapter demonstrates that the argument that the First Amendment had a clear, determinate original meaning, understood or assumed to be embedded in the words “the freedom of speech, [and] of the press,” is historically indefensible. Neither the interpretive conventions of founding-era lawyers, nor evidence about the actual views of free expression of founders, supports the claim that the First Amendment's original meaning was identical to Blackstone's no-prior-restraint definition of a free press (or any other preexisting) definition.Less
This chapter demonstrates that the argument that the First Amendment had a clear, determinate original meaning, understood or assumed to be embedded in the words “the freedom of speech, [and] of the press,” is historically indefensible. Neither the interpretive conventions of founding-era lawyers, nor evidence about the actual views of free expression of founders, supports the claim that the First Amendment's original meaning was identical to Blackstone's no-prior-restraint definition of a free press (or any other preexisting) definition.
STEPHEN CRETNEY
- Published in print:
- 1998
- Published Online:
- March 2012
- ISBN:
- 9780198268710
- eISBN:
- 9780191683565
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268710.003.0004
- Subject:
- Law, Family Law
The bitterness, distress, and humiliation so often associated with divorce was not entirely attributable to the substantive law. Press publicity—often perhaps just the fear of publicity—was ...
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The bitterness, distress, and humiliation so often associated with divorce was not entirely attributable to the substantive law. Press publicity—often perhaps just the fear of publicity—was distressing; whilst the adversarial tradition of court proceedings in which one party had to prove the guilt of the other made matters worse for husbands and wives sucked into litigation. This chapter deals with the circumstances which led to statutory restrictions being put on press reporting of court cases dealing with divorce. It is clear that the prohibition on publication of indecent matter added little to the law. Secondly, although the Judicial Proceedings (Regulation of Reports) Act 1926—one of the rare examples of peace-time legislation specifically restricting the freedom of the press to publish material lawfully in a reporter's possession—prevented the daily press from giving detailed verbatim accounts of sensational divorce cases, the direct effect of the restrictions on reporting divorce cases was not significant; and the press proved well able to make copy, even in undefended cases.Less
The bitterness, distress, and humiliation so often associated with divorce was not entirely attributable to the substantive law. Press publicity—often perhaps just the fear of publicity—was distressing; whilst the adversarial tradition of court proceedings in which one party had to prove the guilt of the other made matters worse for husbands and wives sucked into litigation. This chapter deals with the circumstances which led to statutory restrictions being put on press reporting of court cases dealing with divorce. It is clear that the prohibition on publication of indecent matter added little to the law. Secondly, although the Judicial Proceedings (Regulation of Reports) Act 1926—one of the rare examples of peace-time legislation specifically restricting the freedom of the press to publish material lawfully in a reporter's possession—prevented the daily press from giving detailed verbatim accounts of sensational divorce cases, the direct effect of the restrictions on reporting divorce cases was not significant; and the press proved well able to make copy, even in undefended cases.
Randy Robertson
- Published in print:
- 2018
- Published Online:
- January 2019
- ISBN:
- 9781526113894
- eISBN:
- 9781526138897
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781526113894.003.0008
- Subject:
- Literature, Criticism/Theory
Scholars have long debated the extent and efficacy of English censorship in the 1640s. Drawing on publication and censorship data, this chapter argues that the infamous 1643 Licensing Ordinance ...
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Scholars have long debated the extent and efficacy of English censorship in the 1640s. Drawing on publication and censorship data, this chapter argues that the infamous 1643 Licensing Ordinance proved more effective than many scholars have allowed. While writers, printers, and publishers enjoyed greater liberty to produce and circulate polemics in the 1640s, the measures adopted by Parliament and the Council of State limited the freedom of the press. Yet something changed fundamentally during this decade of civil war: at moments in the 1640s, the government lost control not just of the presses but of the discourse surrounding censorship. By examining the contests that arose over censorship, culminating in a discussion of John Lilburne’s treason trial, this chapter traces the vicissitudes of censorship in the 1640s and registers the discursive changes in debates about press freedom.Less
Scholars have long debated the extent and efficacy of English censorship in the 1640s. Drawing on publication and censorship data, this chapter argues that the infamous 1643 Licensing Ordinance proved more effective than many scholars have allowed. While writers, printers, and publishers enjoyed greater liberty to produce and circulate polemics in the 1640s, the measures adopted by Parliament and the Council of State limited the freedom of the press. Yet something changed fundamentally during this decade of civil war: at moments in the 1640s, the government lost control not just of the presses but of the discourse surrounding censorship. By examining the contests that arose over censorship, culminating in a discussion of John Lilburne’s treason trial, this chapter traces the vicissitudes of censorship in the 1640s and registers the discursive changes in debates about press freedom.
Eric Barendt
- Published in print:
- 2007
- Published Online:
- January 2010
- ISBN:
- 9780199225811
- eISBN:
- 9780191714139
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199225811.001.0001
- Subject:
- Law, Human Rights and Immigration
This is a revised and updated edition of the work first published in 1985. There have been many developments since the first edition, including enactment of the Charter of Rights and Freedoms in ...
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This is a revised and updated edition of the work first published in 1985. There have been many developments since the first edition, including enactment of the Charter of Rights and Freedoms in Canada in 1982, the impact of the European Human Rights Convention, and the consideration by English courts of Judgments of the European Court of Human Rights. Social and cultural changes mean that free speech claims are being made in novel contexts: to challenge the validity of bans on tobacco advertising, to publish ‘kiss and tell’ stories about celebrities, and to resist attempts to regulate the Internet. This book considers the meaning and scope of freedom of speech. How far do free speech and expression clauses protect pornography, commercial advertising, and public meetings on the streets? Does this freedom cover desecration of a national flag? Does it include nude dancing? The book discusses the legal protection of free speech in countries including England, the United States (including recent decisions of the United States Supreme Court), Canada, Germany, and under the European Human Rights Convention. It examines the varied approaches of different legal systems and constitutional traditions to balancing free speech and freedom of the press against rights to reputation and privacy and to copyright, and explores the case law in light of the philosophical and political arguments for free speech guarantees.Less
This is a revised and updated edition of the work first published in 1985. There have been many developments since the first edition, including enactment of the Charter of Rights and Freedoms in Canada in 1982, the impact of the European Human Rights Convention, and the consideration by English courts of Judgments of the European Court of Human Rights. Social and cultural changes mean that free speech claims are being made in novel contexts: to challenge the validity of bans on tobacco advertising, to publish ‘kiss and tell’ stories about celebrities, and to resist attempts to regulate the Internet. This book considers the meaning and scope of freedom of speech. How far do free speech and expression clauses protect pornography, commercial advertising, and public meetings on the streets? Does this freedom cover desecration of a national flag? Does it include nude dancing? The book discusses the legal protection of free speech in countries including England, the United States (including recent decisions of the United States Supreme Court), Canada, Germany, and under the European Human Rights Convention. It examines the varied approaches of different legal systems and constitutional traditions to balancing free speech and freedom of the press against rights to reputation and privacy and to copyright, and explores the case law in light of the philosophical and political arguments for free speech guarantees.
Joseph M. Adelman and Victoria E. M. Gardner
- Published in print:
- 2015
- Published Online:
- October 2015
- ISBN:
- 9780199676187
- eISBN:
- 9780191809194
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199676187.003.0003
- Subject:
- Business and Management, Business History, Marketing
By the 1780s, newspapers had become the dominant news medium in Britain and the United States. Press regulation was very different in the two countries. Whereas successive British governments tried ...
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By the 1780s, newspapers had become the dominant news medium in Britain and the United States. Press regulation was very different in the two countries. Whereas successive British governments tried to limit access to news to the wealthy and middling sorts, public figures in the United States endorsed press freedom—the idea that citizens had a right to access public information—and the generous newspaper subsidies codified in the Post Office Act (1792). These divergent government regulations had unexpected consequences. In Britain, high barriers to entry permitted certain journalists to proclaim their editorial independence, since their profits from advertising far exceeded the perquisites of politicians. In the United States, barriers to entry were so low that newspapers flooded the market. Unable to rely on advertising for support, many journalists found it necessary to endorse the partisan causes of politicians upon whose largesse they relied.Less
By the 1780s, newspapers had become the dominant news medium in Britain and the United States. Press regulation was very different in the two countries. Whereas successive British governments tried to limit access to news to the wealthy and middling sorts, public figures in the United States endorsed press freedom—the idea that citizens had a right to access public information—and the generous newspaper subsidies codified in the Post Office Act (1792). These divergent government regulations had unexpected consequences. In Britain, high barriers to entry permitted certain journalists to proclaim their editorial independence, since their profits from advertising far exceeded the perquisites of politicians. In the United States, barriers to entry were so low that newspapers flooded the market. Unable to rely on advertising for support, many journalists found it necessary to endorse the partisan causes of politicians upon whose largesse they relied.
- Published in print:
- 2007
- Published Online:
- March 2013
- ISBN:
- 9780226243252
- eISBN:
- 9780226243283
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226243283.003.0009
- Subject:
- History, Cultural History
The right to a fair public trial, the right to freedom of speech, and the right to freedom of the press are fundamental coordinates in a free society, but they are ranged on a collision course over ...
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The right to a fair public trial, the right to freedom of speech, and the right to freedom of the press are fundamental coordinates in a free society, but they are ranged on a collision course over publicity in today's courtrooms. Technical innovation has turned mere tensions between the law and the press into a battleground of uncertain dimensions. One of the most dominant features of postmodernity in American culture involves the continuous bombardment of sound, image, and print from a surfeit of sources, mediums, and directions. In 1991, Steven Brill generated the Courtroom Television Network, paving the way for the use of television cameras in courtroom trials. Is it possible to ensure responsible trial coverage through postmodern media techniques without muzzling either free speech or freedom of the press? According to the historian Frederic Maitland, “Justice must assume a picturesque garb or she will not be seen.”.Less
The right to a fair public trial, the right to freedom of speech, and the right to freedom of the press are fundamental coordinates in a free society, but they are ranged on a collision course over publicity in today's courtrooms. Technical innovation has turned mere tensions between the law and the press into a battleground of uncertain dimensions. One of the most dominant features of postmodernity in American culture involves the continuous bombardment of sound, image, and print from a surfeit of sources, mediums, and directions. In 1991, Steven Brill generated the Courtroom Television Network, paving the way for the use of television cameras in courtroom trials. Is it possible to ensure responsible trial coverage through postmodern media techniques without muzzling either free speech or freedom of the press? According to the historian Frederic Maitland, “Justice must assume a picturesque garb or she will not be seen.”.
O. Chinnappa Reddy
- Published in print:
- 2010
- Published Online:
- October 2012
- ISBN:
- 9780198066286
- eISBN:
- 9780199081462
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198066286.003.0027
- Subject:
- Law, Constitutional and Administrative Law
Freedom of expression is one of the most cherished and valuable rights guaranteed by the Constitution of India. During the discussion in the Constituent Assembly, B. N. Rau and B. R. Ambedkar thought ...
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Freedom of expression is one of the most cherished and valuable rights guaranteed by the Constitution of India. During the discussion in the Constituent Assembly, B. N. Rau and B. R. Ambedkar thought that freedom of the press was a part of the freedom of expression and therefore there was no need for it to be mentioned separately. The earliest of cases involving freedom of expression under Article 19 (i) (a) of the Constitution was the famous Crossroads case, which necessitated an amendment of the Constitution, which further excepted from the right to freedom of speech and freedom of expression, reasonable restrictions in the interest of friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation, or incitement to an offence. This chapter discusses censorship during the course of internal emergency proclaimed by Indira Gandhi in 1975, as well as Supreme Court rulings concerning the right to privacy, tolerance of other beliefs, film censorship, and obscenity.Less
Freedom of expression is one of the most cherished and valuable rights guaranteed by the Constitution of India. During the discussion in the Constituent Assembly, B. N. Rau and B. R. Ambedkar thought that freedom of the press was a part of the freedom of expression and therefore there was no need for it to be mentioned separately. The earliest of cases involving freedom of expression under Article 19 (i) (a) of the Constitution was the famous Crossroads case, which necessitated an amendment of the Constitution, which further excepted from the right to freedom of speech and freedom of expression, reasonable restrictions in the interest of friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation, or incitement to an offence. This chapter discusses censorship during the course of internal emergency proclaimed by Indira Gandhi in 1975, as well as Supreme Court rulings concerning the right to privacy, tolerance of other beliefs, film censorship, and obscenity.
Carla J. Mulford
- Published in print:
- 2015
- Published Online:
- June 2015
- ISBN:
- 9780199384198
- eISBN:
- 9780199384211
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199384198.003.0003
- Subject:
- Literature, American, 18th Century and Early American Literature
This chapter examines Franklin’s reading and writing during his youth and discusses several of the tracts Franklin worked on in his brother’s print shop. Franklin came to admire early modern ...
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This chapter examines Franklin’s reading and writing during his youth and discusses several of the tracts Franklin worked on in his brother’s print shop. Franklin came to admire early modern liberalism by reading works by John Trenchard and Thomas Gordon, who together wrote “Cato’s Letters” for the London press, along with writings by John Locke, John Milton, Algernon Sidney, Daniel Defoe, and many others. Working in his brother’s print shop, Franklin learned about Boston’s economic matters and started developing his own ideas about how to stimulate the economy of Boston. When his brother was incarcerated for printing criticisms of those in government, Franklin printed materials related to freedom of speech and freedom of the press. By examining Franklin’s readings and writings during his youthful apprenticeship, the chapter accounts for his earliest ideas about politics, society, and the role of government in individuals’ lives.Less
This chapter examines Franklin’s reading and writing during his youth and discusses several of the tracts Franklin worked on in his brother’s print shop. Franklin came to admire early modern liberalism by reading works by John Trenchard and Thomas Gordon, who together wrote “Cato’s Letters” for the London press, along with writings by John Locke, John Milton, Algernon Sidney, Daniel Defoe, and many others. Working in his brother’s print shop, Franklin learned about Boston’s economic matters and started developing his own ideas about how to stimulate the economy of Boston. When his brother was incarcerated for printing criticisms of those in government, Franklin printed materials related to freedom of speech and freedom of the press. By examining Franklin’s readings and writings during his youthful apprenticeship, the chapter accounts for his earliest ideas about politics, society, and the role of government in individuals’ lives.
- Published in print:
- 2008
- Published Online:
- June 2013
- ISBN:
- 9780804745789
- eISBN:
- 9780804763271
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804745789.003.0005
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter examines the judicial opinions in International News Service v. Associated Press. The case suggested, as no other case before it had, how protean interests arising in the course of ...
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This chapter examines the judicial opinions in International News Service v. Associated Press. The case suggested, as no other case before it had, how protean interests arising in the course of commerce in products of the intellect, if left unchecked, can conflict with still more important interests touching upon freedom of speech and press. The challenge then was to imagine the terms upon which these interests could coexist, taking into account the paramount place the First Amendment presumably must hold in any reconciliation that might follow. The challenge ultimately would be to imagine a First Amendment capable of constraining intellectual property without destroying it.Less
This chapter examines the judicial opinions in International News Service v. Associated Press. The case suggested, as no other case before it had, how protean interests arising in the course of commerce in products of the intellect, if left unchecked, can conflict with still more important interests touching upon freedom of speech and press. The challenge then was to imagine the terms upon which these interests could coexist, taking into account the paramount place the First Amendment presumably must hold in any reconciliation that might follow. The challenge ultimately would be to imagine a First Amendment capable of constraining intellectual property without destroying it.
Dan C. Christensen
- Published in print:
- 2013
- Published Online:
- May 2013
- ISBN:
- 9780199669264
- eISBN:
- 9780191748745
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199669264.003.0047
- Subject:
- Physics, History of Physics
Parts of the peace settlement concluded at the Congress of Vienna in 1815 concerned the introduction of advisory assemblies of the estates, whose representative should be consulted on new ...
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Parts of the peace settlement concluded at the Congress of Vienna in 1815 concerned the introduction of advisory assemblies of the estates, whose representative should be consulted on new legislation. King Frederik VI ignores this settlement for fifteen years, but the July Revolution in Paris prompts him to fulfil his promise for fear that the riots spread to his kingdom and his duchies of Schleswig and Holstein, the latter in the German Federation. A.S. Ørsted is a member of the committee working out the particulars of four Assemblies of the Estates, two in the kingdom and two in the duchies. The rule of public opinion fundamentally moderates absolutism. H.C. Ørsted co-founds ‘The Society for the Right Use of the Freedom of the Press’ and publishes articles on further political reforms in ‘The Danish People's Magazine’. A.S. Ørsted is appointed royal commissar of the Danish Assemblies of the Estates.Less
Parts of the peace settlement concluded at the Congress of Vienna in 1815 concerned the introduction of advisory assemblies of the estates, whose representative should be consulted on new legislation. King Frederik VI ignores this settlement for fifteen years, but the July Revolution in Paris prompts him to fulfil his promise for fear that the riots spread to his kingdom and his duchies of Schleswig and Holstein, the latter in the German Federation. A.S. Ørsted is a member of the committee working out the particulars of four Assemblies of the Estates, two in the kingdom and two in the duchies. The rule of public opinion fundamentally moderates absolutism. H.C. Ørsted co-founds ‘The Society for the Right Use of the Freedom of the Press’ and publishes articles on further political reforms in ‘The Danish People's Magazine’. A.S. Ørsted is appointed royal commissar of the Danish Assemblies of the Estates.
Thomas A. Apel
- Published in print:
- 2016
- Published Online:
- January 2017
- ISBN:
- 9780804797405
- eISBN:
- 9780804799638
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804797405.003.0006
- Subject:
- History, American History: early to 18th Century
Chapter Five examines the tenor of the debate, especially its conspiratorial tone. Participants on both sides of the debate cast themselves as victims of the persecutions of their opponents, who had ...
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Chapter Five examines the tenor of the debate, especially its conspiratorial tone. Participants on both sides of the debate cast themselves as victims of the persecutions of their opponents, who had conspired to subvert the truth. The fever discourse thus mirrored the well-known “paranoid style” of contemporary political discourse. These parallel discourses were mutually reinforcing and both were rooted at least in part in the similar material organizations of early republican discursive communities. This chapter also argues that common sense epistemology itself provoked intolerance. For if truths about nature or politics offered themselves to common sense, then those who differed were not merely incorrect, but dangerously wayward and probably ill-intentioned. The vitriol of the yellow fever debate left investigators wanting to exert greater top-down control over the course of natural inquiry, just as the bitterness of the1790s political wars left intellectuals wanting to contain political discourse.Less
Chapter Five examines the tenor of the debate, especially its conspiratorial tone. Participants on both sides of the debate cast themselves as victims of the persecutions of their opponents, who had conspired to subvert the truth. The fever discourse thus mirrored the well-known “paranoid style” of contemporary political discourse. These parallel discourses were mutually reinforcing and both were rooted at least in part in the similar material organizations of early republican discursive communities. This chapter also argues that common sense epistemology itself provoked intolerance. For if truths about nature or politics offered themselves to common sense, then those who differed were not merely incorrect, but dangerously wayward and probably ill-intentioned. The vitriol of the yellow fever debate left investigators wanting to exert greater top-down control over the course of natural inquiry, just as the bitterness of the1790s political wars left intellectuals wanting to contain political discourse.
David R. Como
- Published in print:
- 2018
- Published Online:
- August 2018
- ISBN:
- 9780199541911
- eISBN:
- 9780191779107
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199541911.003.0003
- Subject:
- History, Political History
This chapter outlines of the history of a secret press that appeared in London in 1640–1. Growing out of earlier radical propaganda networks, and created to provide an outlet for the dispersal of ...
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This chapter outlines of the history of a secret press that appeared in London in 1640–1. Growing out of earlier radical propaganda networks, and created to provide an outlet for the dispersal of pro-Covenanter Scottish propaganda in England, the press distributed incendiary politico-religious tracts, which challenged Caroline policy at multiple levels. The chapter analyzes the ideas presented in these works, including contract theory, resistance theory, pleas for the demolition of the existing Church of England, extreme separatist propaganda, tolerationist arguments, and challenges to clerical monopolies. It traces personnel involved in the enterprise (including the future Leveller, Richard Overton) and assesses the impact of the propaganda dispersed by the press. The secret press provides a crucial vehicle for understanding the changing dynamics of print in the 1640s, the emergence of novel arguments against press censorship, and the later spread and development of radical political and religious ideas.Less
This chapter outlines of the history of a secret press that appeared in London in 1640–1. Growing out of earlier radical propaganda networks, and created to provide an outlet for the dispersal of pro-Covenanter Scottish propaganda in England, the press distributed incendiary politico-religious tracts, which challenged Caroline policy at multiple levels. The chapter analyzes the ideas presented in these works, including contract theory, resistance theory, pleas for the demolition of the existing Church of England, extreme separatist propaganda, tolerationist arguments, and challenges to clerical monopolies. It traces personnel involved in the enterprise (including the future Leveller, Richard Overton) and assesses the impact of the propaganda dispersed by the press. The secret press provides a crucial vehicle for understanding the changing dynamics of print in the 1640s, the emergence of novel arguments against press censorship, and the later spread and development of radical political and religious ideas.
