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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)
- Political speech; First Amendment; Campaign finance; Federal Election Campaign Act; Political-action committees; Bipartisan Campaign Reform Act; Buckley v. Valeo; Corruption; Equality Rationale (1)
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- Two systems; OCTS; Sino-British Joint Declaration of 1984; Joint Declaration; Article 158 (1)
- United States; Germany; First Amendment; Basic Law; U.S. Constitution; Anti-Semitism Awareness Act; World War II; the Holocaust; anti-Semitism; ICCPR; ICERD; UDHR; hate crimes; hate speech; freedom of speech; right to human dignity; discrimination; human rights; civil rights; censorship; European Union; United Nations; Network Enforcement Act; NetzDG; General Act on Equal Treatment (1)
Articles 1 - 10 of 10
Full-Text Articles in Legal History
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 …
The Good, The Bad, And The Historically Anti-Semitic: An Analytical Comparison Of Anti-Hate Laws In Germany And The United States, Jamie Rauch
Brooklyn Journal of International Law
Confronted every day with drastically increasing accounts of hate crimes and hate speech, nations’ legislators have routinely tried and subsequently failed to implement effective legislation capable of curbing the hatred epidemic currently sweeping the globe. This failure is due in large part to the lack of a universal stance on hate crime regulation and criminalization. Two countries in particular, the United States and Germany, embody two diametrically opposing approaches taken by nations in the present-day war on hate speech. This Note explores the dramatic dichotomy between the legislative framework surrounding the regulation of hate speech in these two countries. This …
Copystrikes And Meme Bans: Social Media And Copyright Protections In The Digital Age, Angelina Sanchez
Copystrikes And Meme Bans: Social Media And Copyright Protections In The Digital Age, Angelina Sanchez
Brooklyn Journal of International Law
Social media is a pervasive and ever-present aspect of many peoples’ lives. Its use permeates nearly every aspect of our existence – there truly is an app for everything. Most notably, social media operates internationally both in scope and usage allowing for the creation of an astounding global society that shares cultures and perspectives in a way unprecedented in human history. Never before have societies been as interconnected as they are now. Unfortunately, such interconnectedness comes with the issue of globalizing enforcement of copyright laws. Infringement runs rampant online and forces creators to struggle against a seemingly faceless foe in …
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 …
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.