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- First Amendment; Free Speech; Hate Speech; censorship (2)
- Advocacy; First Amendment; Campaign finance; Campaign finance regulations Campaign contributions; Federal Election Campaign Act; Reform; Democracy; Purchasing political influence; Free speech values; Voting Rights Act; Freedom (1)
- Anti-Harassment Policies; Campus Policies; Department of Education; First Amendement; Universities; Protected Speech; Peer-on-per harassment; First Amendment Jurisprudence; Political correctness; Offensive Speech; Davis Standard (1)
- Canada; Ghana; United States; LGBTQ+; Conversion Therapy; Religious Conversion Therapy; Sexual Orientation and Gender Identity Change Efforts; Lesbian; Gay; Bisexual; Transgender; Queer; 2-Spirit; Intersex; Homosexuality; Sexuality; Sexual Orientation; Gender Identity; Gender Expression; Gender Binary; Gender-Based Discrimination; Anti-LGBTQ+; Homophobia; Transphobia; LBGTQ+ Rights; Human Rights; International Human Rights; The Criminal Offenses Act (1960) (Ghana); The Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill; Bill C-6 An Act to Amend the Criminal Code (Conversion Therapy); Bill C-4 An Act to Amend the Criminal Code (Conversion Therapy); The Prohibition of Medicaid Funding for Conversion Therapy Act (2019); The Therapeutic Fraud Prevention Act (2021) (1)
- First Amendment; Strict Scrutiny; Protected and Unprotected speech; Censorship; Compelling government interest; Free Speech Protectionl Frist Amendment procedure (1)
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- Hong Kong; Hong Kong Special Administrative Region; HKSAR; Court of Final Appeal; CFA; Basic Law; the Basic Law of the Hong Kong Special Adminstrative Region of the People's Republic of China; localists; localism; political speech; free expression; free speech; freedom of speech; China; People's Republic of China; PRC; rights; Standing Committee of the National People's Congress; NPCSC; one country (1)
- International Covenant on Civil and Political Rights; ICCPR; freedom of expression; speech; discriminationl; hostility; violence; inciting speech; incitement; universal standard; First Amendment; ARTICLE 19; human rights; Article 20(2); Nazi; Charlottesville; UDHR; Universal Declaration of Human Rights; United Nations; ECHR; ECtHR; ILC (1)
- Political speech; First Amendment; Campaign finance; Federal Election Campaign Act; Political-action committees; Bipartisan Campaign Reform Act; Buckley v. Valeo; Corruption; Equality Rationale (1)
- Religious Exemptions (1)
- Two systems; OCTS; Sino-British Joint Declaration of 1984; Joint Declaration; Article 158 (1)
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Articles 1 - 19 of 19
Full-Text Articles in First Amendment
Different Countries, Same Homophobia And Transphobia: A Cross-Cultural Survey Of So-Called Conversion Therapy Practices And The Move Toward Legislative Protections For The United States Lgbtq+ Community, Samantha J. Past
Brooklyn Journal of International Law
So-called “conversion therapy” consists of dangerous practices that inflict detrimental, long-lasting effects on its victims. As a form of sexual orientation or gender identity or gender expression change efforts, conversion therapy is fostered by global homophobia and transphobia. Despite formal public rejection and scientific discreditation, conversion therapy providers across the world continue to target LGBTQ+ individuals, predominately under the guise of offering health care services or obeying religious practices. The following piece compares conversion therapy in three countries with recently introduced LGBTQ+ legislation––(1) Ghana; (2) Canada; and (3) the United States (U.S.)–––in order to identify factors furthering conversion therapy and …
Grinding Down The Edges Of The Free Expression Right In Hong Kong, Stuart Hargreaves
Grinding Down The Edges Of The Free Expression Right In Hong Kong, Stuart Hargreaves
Brooklyn Journal of International Law
In the liberal-democratic tradition limits on speech must be clear, precise, and subject to justification within the particular constitutional framework of a given jurisdiction. In the Hong Kong Special Administrative Region (HKSAR), the Court of Final Appeal has developed a line of jurisprudence that explains under which circumstances the Government of Hong Kong (Government) may seek to limit the free speech provisions contained within the Basic Law, Hong Kong's quasi-constitution. In its fight against ‘localists,’ however, rather than legislating a clear speech restriction that is consistent with this jurisprudence, the Government has instead attempted to suppress unwelcome political speech in …
Pursuing A Universal Threshold For Regulating Incitement To Discrimination, Hostility Or Violence, Rebecca Meyer
Pursuing A Universal Threshold For Regulating Incitement To Discrimination, Hostility Or Violence, Rebecca Meyer
Brooklyn Journal of International Law
The International Covenant on Civil and Political Rights (ICCPR) recognizes that although the right to freedom of expression is essential, it is not absolute. The ICCPR prohibits speech that incites to discrimination, hostility, or violence. The provision prohibiting such speech is important to protect individuals and communities. Yet, not all countries are adequately enforcing its mandate. Such countries are letting inciting speech spread and, in some instances, violence has ensued. Conversely, some countries are taking enforcement too far, using the criminalization of inciting speech as a tool to silence political dissent. In light of the divergent interpretations—each problematic in its …
Money, Speech, And Chutzpah, Joel Gora
Protecting Hatred Preserves Freedom: Why Offensive Expressions Command Constitutional Protection, Andrew P. Napolitano
Protecting Hatred Preserves Freedom: Why Offensive Expressions Command Constitutional Protection, Andrew P. Napolitano
Journal of Law and Policy
The First Amendment is not the guardian of taste. Instead, the U.S. Constitution wholeheartedly protects freedom of thought and expression, even if generated and defined by hatred, as long as that expression does not produce immediate lawless violence. Although free speech may lead to tenuous relationships or uncomfortable debates, it must be defended unconditionally. Too many politicians and lawmakers believe that the freedom of speech protected by the First Amendment attaches only to those ideas and expressions that they approve of; this is not so. This article argues that the Founders intended the First Amendment's free speech principle as a …
Freedom Of Speech And Equality: Do We Have To Choose?, Nadine Strossen
Freedom Of Speech And Equality: Do We Have To Choose?, Nadine Strossen
Journal of Law and Policy
As a lifelong activist on behalf of both equality and free speech, I am convinced, based on actual experience, that these core values are mutually reinforcing, and not, as some have argued, in tension with each other. Moreover, I am convinced that this is true even for offensive or hateful speech that affronts our most cherished beliefs. However, defining hateful or offensive speech is inherently arbitrary and subjective, which raises concerns about what speech should be restricted, and how. Empowering government to punish hateful or offensive expresson necessarily vests officials with enormous discretionary power, which will inevitably lead to arbitrary …
Where's The Fire?, Burt Neuborne
Where's The Fire?, Burt Neuborne
Journal of Law and Policy
Freedom of speech is priceless, but distressingly fragile. Life, and law, would be much simpler if we could react to free speech's importance and fragility by granting it absolute legal protection. Since, however, absolute protection of speech is not—and should not be—a serious option, we face the legal realist challenge of erecting a First Amendment legal structure capable of providing real-world protection to highly controversial speech, often by weak speakers, without closing the door to government regulation. Given the uncertainty inherent in applying fact-dependent complex rules in protean factual settings, many potential speakers would avoid being drawn into unpredictable and …
A Balancing Act For American Universities: Anti-Harassment Policy V. Freedom Of Speech, Bridget Hart
A Balancing Act For American Universities: Anti-Harassment Policy V. Freedom Of Speech, Bridget Hart
Journal of Law and Policy
Legal scholars, educational administrators, journalists, and students have all witnessed a rise in students being disciplined by university officials for speech and conduct deemed inappropriate for college campuses. In endeavoring to explain this trend, some academics point to the disconnect between the Department of Education and university administrators regarding the legal standards for campus anti-harassment policies. The lack of clarity regarding what constitutes harassment on college campuses has resulted in the punishment of students by universities for speech and conduct that is normally considered to be protected speech under the First Amendment. This note first provides an overview of the …
The Academy, Campaign Finance, And Free Speech Under Fire, Bradley A. Smith
The Academy, Campaign Finance, And Free Speech Under Fire, Bradley A. Smith
Journal of Law and Policy
This article discusses the issue of campaign finance and the impact money has on the political process in the country. The author suggests campaign finance regulations that curb the current threat it poses to the system, as well as the First Amendment itself. Lastly, the author discusses the impact academics have had on the debate and this decline in support of free speech that has resulted from the debate.
Producing Democratic Vibrancy, K. Sabeel Rahman
Producing Democratic Vibrancy, K. Sabeel Rahman
Journal of Law and Policy
Professor Rahman gives his thoughts and opinions on the impact of Citizens' United v. FEC and the growth of the First Amendment debate since. The comment analyzes the normative udnerstanding of democracy and the ongoing debate campaifgn finance have. Professor Rahman concludes by suggesting that the debate is wrongly focused on the indivudals being consumers of politcal speech rather than the producers of it.
Abuse And Harassment Diminish Free Speech, Anita Bernstein
Abuse And Harassment Diminish Free Speech, Anita Bernstein
Faculty Scholarship
No abstract provided.
Free Speech, Fair Election, And Campaign Finance Laws: Can They Co-Exist?, Joel Gora
Free Speech, Fair Election, And Campaign Finance Laws: Can They Co-Exist?, Joel Gora
Faculty Scholarship
No abstract provided.
Technological Intermediaries And Freedom Of The Press, Christina Mulligan
Technological Intermediaries And Freedom Of The Press, Christina Mulligan
Faculty Scholarship
No abstract provided.
Citizens United, Stevens And Humanitarian Law Project: First Amendment Rules And Standards In Three Acts, William D. Araiza
Citizens United, Stevens And Humanitarian Law Project: First Amendment Rules And Standards In Three Acts, William D. Araiza
Faculty Scholarship
No abstract provided.
The Source Of The Problem Of Sources: The First Amendment Fails The Fourth Estate, Joel Gora
The Source Of The Problem Of Sources: The First Amendment Fails The Fourth Estate, Joel Gora
Faculty Scholarship
No abstract provided.
No Law ... Abridging, Joel Gora
Finley, Forbes And The First Amendment: Does He Who Pays The Piper Call The Tune?, Joel Gora
Finley, Forbes And The First Amendment: Does He Who Pays The Piper Call The Tune?, Joel Gora
Faculty Scholarship
No abstract provided.
The Pentagon Papers Case And The Path Not Taken: A Personal Memoir On The First Amendment And The Separation Of Powers, Joel Gora
Faculty Scholarship
No abstract provided.
Introduction: Third Abraham L. Pomerantz Lecture: The First Amendment And Government Regulation Of Economic Markets, Roberta S. Karmel
Introduction: Third Abraham L. Pomerantz Lecture: The First Amendment And Government Regulation Of Economic Markets, Roberta S. Karmel
Faculty Scholarship
No abstract provided.