Meaning of a Global Perspective

“In this essay, Professor Balkin argues that digital technologies alter the social conditions of speech and therefore should change the focus of free speech theory, from a Meiklejohnian or republican concern with protecting democratic process and democratic deliberation, to a larger concern with protecting and promoting a democratic culture. A democratic culture is a culture in which individuals have a fair opportunity to participate in the forms of meaning-making that constitute them as individuals. Democratic culture is about individual liberty as well as collective self-governance; it concerns each individual’s ability to participate in the production and distribution of culture. Balkin argues that Meiklejohn and his followers were influenced by the social conditions of speech produced by the rise of mass media in the twentieth century, in which only a relative few could broadcast to large numbers of people. Republican or progressivist theories of free speech also tend to downplay the importance of nonpolitical expression, popular culture, and individual liberty. The limitations of this approach have become increasingly apparent in the age of the Internet. By changing the social conditions of speech, digital technologies lead to new social conflicts over the ownership and control of informational capital. The free speech principle is the battleground over many of these conflicts. For example, media companies have interpreted the free speech principle broadly to combat regulation of digital networks and narrowly in order to protect and extend their intellectual property rights. The digital age greatly expands the possibilities for individual participation in the growth and spread of culture, and thus greatly expands the possibilities for the realization of a truly democratic culture. But the same technologies also produce new methods of control that can limit democratic cultural participation. Therefore, free speech values – interactivity, mass participation, and the ability to modify and transform culture – must be protected through technological design and through administrative and legislative regulation of technology, as well as through the more traditional method of judicial creation and recognition of constitutional rights. Increasingly, freedom of speech will depend on the design of the technological infrastructure that supports the system of free expression and secures widespread democratic participation. Institutional limitations of courts will prevent them from reaching the most important questions about how that infrastructure is designed and implemented. Safeguarding freedom of speech will thus increasingly fall to legislatures, administrative agencies, and technologists.”

"This article examines the process of consensus formation by the international community on how to confront the problem of trafficking in persons. We analyze the corpus of UNGA Third Committee resolutions to show that (1) consensus around the issue of how to confront trafficking in persons has increased over time; and (2) the formation of this consensus depends on how the issue is framed. We test our argument by examining the characteristics of resolutions’ sponsors and discursive framing concepts such as crime, human rights, and the strength of enforcement language. We conclude that the consensus formation process in international relations is more aptly described as one of “accommodation” through issue linkage than a process of persuasion."

“While autonomy arguments provide a compelling foundation for free speech, they also support individual privacy rights. Considering how speech and privacy may be justified, the article argues that the speech necessary for self-government does not need to include details that would violate privacy rights. Additionally, it argues that if viewed as a kind of intangible property right, informational privacy should limit speech and expression in a range of cases. In a world where we have an overabundance of content to consume, much of which could be called “information pollution,” and where there are numerous platforms to broadcast one’s expressions, it is increasingly difficult to maintain that speech should trump privacy.”

For the thirteenth year in a row, there has been a drop in internet freedom worldwide, with digital repression causing the largest decline in Iran. Myanmar was found to have the worst internet freedom conditions in the world, while President Rodrigo Duterte's use of an antiterrorism statute to restrict news sites critical of his administration made matters worse in the Philippines. After a presidential candidate whose campaign manager employed internet trolls to intimidate media outlets was elected, Costa Rica's reputation as a champion of internet freedom came under danger. Attacks on the right to free speech have become more widespread; out of the 70 nations that Freedom on the Net covers, 55 have reported facing legal consequences for online speech, and 41 have executed or killed individuals for their comments posted online.

With 47 governments using commenters to sway online debates, generative artificial intelligence (AI) poses a serious challenge to online disinformation tactics. Disinformation strategies have intensified as a result of the increased sophistication, accessibility, and ease of use of AI-based technologies. Governments have also improved and honed their online censorship strategies; in 22 countries, laws have been passed requiring or rewarding digital companies to use machine learning to filter out objectionable social, political, and religious content.

The defenders of democracy must apply the lessons they have learnt from previous internet governance issues to AI to preserve online freedom. AI has the potential to be a powerful tool for digital repression, increasing the efficiency, speed, cost-effectiveness, and ease of censorship, surveillance, and the production and dissemination of false information.

"The dynamics by which norms emerge and spread in international society have been the subject of strikingly little study. This article focuses on norms that prohibit, both in international law and in the domestic criminal laws of states, the involvement of state and nonstate actors in activities such as piracy, slavery, counterfeiting, drug trafficking, the hijacking of aircraft, and the killing of endangered animal species. It analyzes the manner in which these norms have evolved into and been institutionalized by global prohibition regimes and argues that there are two principal inducements to the formation and promotion of such regimes. The first is the inadequacy of unilateral and bilateral law enforcement measures in the face of criminal activities that transcend national borders. The second is the role of moral and emotional factors related to neither political nor economic advantage but instead involving religious beliefs, humanitarian sentiments, fears, prejudices, paternalism, faith in universalism, the individual conscience, and the compulsion to proselytize. The ultimate success or failure of an international regime in effectively suppressing a particular activity depends, however, not only on the degree of commitment to its norms or the extent of resources devoted to carrying out its goals but also on the vulnerability of the activity to its enforcement measures."

Modern liberal-democratic nations are divided over whether the right to freedom of expression should extend to hate speech, which abuses, degrades, or promotes violence or discrimination against others based on traits like race, nationality, religion, sex, sexual orientation, and gender identity. Most liberal democracies outlaw certain forms of public hate speech in order to protect the dignity, equality, and security of the targeted groups. At the same time, the United States rejects this position and holds that public hate speech generally should receive constitutional protection.

This essay argues that bans on public and private hate speech can contradict liberal principles. It focuses on the writings of John Locke, which laid the theoretical foundations of the modern liberal state and addressed the problem of speech that denies the equal status and rights of others. Locke's thought offers a valuable starting point for considering how liberal principles should apply to hate speech.

This essay presents a theory of free expression based on liberal humanism, which argues that free speech is based on respect for human freedom and dignity, but does not entitle one to infringe on the rights of others. It uses this approach to grapple with the problem of hate speech, which may be restricted on the grounds that it violates the most basic right of all: the right to be recognized and treated as a human being and a member of the community. Locke argued that expression that sought to deny freedom and equality to religious minorities should not receive legal protection because it invaded its targets' rights and undermined society's foundations. The essay also responds to two of the leading liberal arguments against hate-speech bans: that they violate individual autonomy and undermine democratic legitimacy.

“The freedom of expression is vital to our ability to convey opinions, convictions, and beliefs, and to meaningfully participate in democracy. The state may, however, ‘limit’ the freedom of expression on certain grounds, such as national security, public order, public health, and public morals. Examples from around the world show that the freedom of individuals to express their opinions, convictions, and beliefs is often imperilled when states are not required to meet a substantial justificatory burden when limiting such freedom. This article critiques one of the common justificatory approaches employed in a number of jurisdictions to frame the state’s burden to justify limitations on the freedom of expression—the proportionality test. It presents a case for an alternative approach that builds on the merits and addresses some of the weaknesses of a typical proportionality test. This alternative may be called a ‘duty-based’ justificatory approach because it requires the state to demonstrate—through the presentation of publicly justifiable reasons—that the individual concerned owes others a duty of justice to refrain from the expressive conduct in question. The article explains how this approach is more normatively compelling than a typical proportionality test. It also illustrates how such an approach can better constrain the state’s ability to advance majoritarian interests or offload its positive obligations by limiting the freedom of expression of minorities and dissenting voices.”

"This volume argues that international human rights law has made a positive contribution to the realization of human rights in much of the world. Although governments sometimes ratify human rights treaties, gambling that they will experience little pressure to comply with them, this is not typically the case. Focusing on rights stakeholders rather than the United Nations or state pressure, Beth Simmons demonstrates through a combination of statistical analyses and case studies that the ratification of treaties leads to better rights practices on average. Simmons argues that international human rights law should get more practical and rhetorical support from the international community as a supplement to broader efforts to address conflict, development, and democratization."

Norms are a major focus of attention of all social sciences, particularly sociology, political science, economics, anthropology, and social psychology. The social sciences are interested in the empirical study of norms, whereas jurisprudence and philosophy (moral philosophy and deontic logic) address the question of what 'good' norms are and how normative reasoning can be formalized. This article addresses the most important issues in the empirical study of norms. We begin by outlining some basic facts about norms because explanations of norms should address these facts. Before proceeding further, it is useful to elaborate on the major dimensions of the norms concept that are found in the literature and to ask what norms definition is to be preferred. The next issue is how norms can be measured. The central theoretical questions are how norms originate and, if they exist, what effects they have. These questions are addressed in the last two sections of the article. Norms are a major focus of attention of all social sciences, particularly sociology, political science, economics, anthropology , and social psychology. The social sciences are interested in the empirical study of norms, whereas jurisprudence and philosophy (moral philosophy and deontic logic) address the question of what 'good' norms are and how normative reasoning can be formalized. The literature on norms is so vast that a short article on this subject has to be restrictive. The following sections address the most important questions of the study of norms. We begin by outlining some basic facts about norms because explanations of norms should address these facts. Before proceeding further, it is useful to elaborate on the major dimensions of the norms concept that are found in the literature and to ask what norms definition is to be preferred. The next issue is how norms can be measured. The central theoretical questions are how norms originate and, if they exist, what effects they have. These questions are addressed in the last two sections of the article. 

"This article examines the process of consensus formation by the international community on how to confront the problem of trafficking in persons. We analyze the corpus of UNGA Third Committee resolutions to show that (1) consensus around the issue of how to confront trafficking in persons has increased over time; and (2) the formation of this consensus depends on how the issue is framed. We test our argument by examining the characteristics of resolutions’ sponsors and discursive framing concepts such as crime, human rights, and the strength of enforcement language. We conclude that the consensus formation process in international relations is more aptly described as one of “accommodation” through issue linkage than a process of persuasion."