International Law Commons^™

Finding A Voice: Using The Internet For Free Speech And Expression In Iran, Chelsea Zimmerman

Human Rights & Human Welfare

In July 2009, many Iranians took to the streets to protest the results of the presidential election in which Mahmoud Ahmadinejad won with a reported 62% of the vote. The protests, stemming from allegations of electoral fraud, quickly exposed the government's limited tolerance for dissent. In addition to street demonstrations, protestors utilized social networking websites to express their opposition to the election results. The world, following Internet feeds, witnessed the restrictive mechanisms Iran’s government placed on expression and speech. People throughout the world admonished Iran for the government's interference with cell phone and Internet networks. Iran’s free speech and expression …

Wild-West Cowboys Versus Cheese-Eating Surrender Monkeys: Some Problems In Comparative Approaches To Extreme Speech, Eric Heinze

Prof. Eric Heinze, Queen Mary University of London

All European states ban some form of hate speech. US law precludes such bans. In view of the political and symbolic importance of free speech, it becomes tempting to assume that trans-Atlantic differences towards hate speech reflect deeper cultural divisions.

However, we must pay attention to comparative methodology before drawing ambitious conclusions about cross-cultural social and political differences that derive solely from differences in formal, black-letter norms. In this volume, Robert Post claims that formal, constitutional requirements of content-neutral regulation reflect a freer public sphere in the US, in contrast to the European public sphere.

Yet a legal-realist approach casts …

Cumulative Jurisprudence And Hate Speech: Sexual Orientation And Analogies To Disability, Age And Obesity, Eric Heinze

Prof. Eric Heinze, Queen Mary University of London

Non-discrimination norms in human rights instruments generally enumerate specified categories for protection, such as race, ethnicity, sex or religion, etc. They often omit express reference to sexual minorities.

Through open-ended interpretation, however, sexual minorities subsequently become incorporated. That ‘cumulative jurisprudence’ yields protections for sexual minorities through norms governing privacy, employment, age of consent, or freedoms of speech and association.

Hate speech bans, too, are often formulated with reference to traditionally recognised categories, particularly race and religion. It might be expected that the same cumulative jurisprudence should therefore be applied to include sexual minorities. In this article, that approach is challenged. …