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Prior Restraints

ERIC BARENDT

in Freedom of Speech

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225811
eISBN:
9780191714139
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225811.003.0004
Subject:
Law, Human Rights and Immigration

It is a commonplace observation that the law regards, and is right to regard, prior restraints on speech and writing with particular hostility. One fundamental question is whether the differences ... More


Boundaries

Charles W. Collier

in Meaning in Law: A Theory of Speech

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195388978
eISBN:
9780199855421
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388978.003.004
Subject:
Law, Constitutional and Administrative Law

For an analysis of the “legal context” in which speech is at issue, one might most naturally turn to the development of judicial doctrine. But the history of attempts to demarcate the legal ... More


The Pentagon Papers Case

Lackland H. Bloom

in Do Great Cases Make Bad Law?

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199765881
eISBN:
9780199366903
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199765881.003.0017
Subject:
Law, Legal History

The Court decided United States v New York Times, the Pentagon Papers Case, at warp speed. A majority of the justices concluded that the speech and press clause of the First Amendment precluded the ... More


Film and Internet Censorship

Gautam Bhatia

in Offend, Shock, or Disturb: Free Speech under the Indian Constitution

Published in print:
2016
Published Online:
April 2016
ISBN:
9780199460878
eISBN:
9780199086351
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199460878.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter examines the legal regime of film and online censorship in India, and some of the important judicial decisions. It analyses the Supreme Court’s judgments in K.A. Abbas, in which the ... More


Defamation, Privacy, and Injunctions

Gautam Bhatia

in Offend, Shock, or Disturb: Free Speech under the Indian Constitution

Published in print:
2016
Published Online:
April 2016
ISBN:
9780199460878
eISBN:
9780199086351
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199460878.003.0009
Subject:
Law, Constitutional and Administrative Law

In recent times, defamation law is emerging as a particularly powerful weapon of choice for powerful actors—whether politicians or companies—to silence critical speech. Such critical speech, which ... More


Freedom of Expression

Michael Tugendhat

in Liberty Intact: Human Rights in English Law

Published in print:
2016
Published Online:
February 2017
ISBN:
9780198790990
eISBN:
9780191833403
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198790990.003.0009
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

Until the nineteenth century freedom of speech meant immunity for anything said in court or Parliament, and, otherwise, no prior restraint by licensing. Sanctions after the event were allowed. ... More


Hate Speech

Gautam Bhatia

in Offend, Shock, or Disturb: Free Speech under the Indian Constitution

Published in print:
2016
Published Online:
April 2016
ISBN:
9780199460878
eISBN:
9780199086351
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199460878.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter deals with hate speech: in particular, Sections 295A and 153A of the IPC, as well as S. 95 of the CrPC. It examines judgments such as Baragur Ramachandrappa and the James Laine Case, one ... More


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