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Full-Text Articles in Law

Constitutional Anomalies: When Canada's Proportionality And The U.S.'S Categorization Just Don't Fit The Bill, Zakarij N. Laux Apr 2010

Constitutional Anomalies: When Canada's Proportionality And The U.S.'S Categorization Just Don't Fit The Bill, Zakarij N. Laux

University of Miami Inter-American Law Review

No abstract provided.


Freedom Of Speech In American & Spanish Law: A Comparative Perspective, Alfredo Coll Jan 2010

Freedom Of Speech In American & Spanish Law: A Comparative Perspective, Alfredo Coll

ALFREDO COLL

The Supreme Court of the United States, particularly in the area of obscenity within freedom of speech, has imposed stringent procedural requirements on governmental action aimed at controlling the exercise of first amendment rights. This study argues that several lessons can be learned from these cases: that a judicial body, following an adversary hearing, must decide on the protected character of the speech, and that the judicial determination must either precede or immediately follow any governmental action which restricts speech. The authors also compare and contrast free speech protection in the United States as compared to Spain by analyzing several …


Regulating Cyberharassment: Some Thoughts On Sexual Harassment 2.0, Helen Norton Jan 2010

Regulating Cyberharassment: Some Thoughts On Sexual Harassment 2.0, Helen Norton

Publications

No abstract provided.


Hate Speech And The Language Of Racism In Latin America: A Lens For Reconsidering Global Hate Speech Restrictions And Legislation Models, Tanya K. Hernandez Jan 2010

Hate Speech And The Language Of Racism In Latin America: A Lens For Reconsidering Global Hate Speech Restrictions And Legislation Models, Tanya K. Hernandez

Faculty Scholarship

In Latin America, like many countries in Europe, hate speech is prohibited. Yet Latin America is rarely included in the transnational discussion regarding the regulation of hate speech. Instead, the discourse focuses on a comparison of the advisability of Europe's hate speech regulations and free speech acceptance of hate speech in the United States. As a result, the ability to fundamentally examine the connections between hate speech and inequality, in addition to the most effective legal mechanisms for addressing it, is undermined. It is especially critical to broaden the hate speech debate now that we are seeing an apparent rise …