Women UN UDHR

Scope of Freedom of Expression

This Module focuses on the extent and limits of freedom of expression under international human rights treaties beginning with the ICCPR, as well as under the regional human rights conventions of Europe, the Americas and Africa. The Module includes extensive readings and jurisprudence on the three-part test, the legal test that governs in many countries around the world the legitimate restrictions to freedom of expression

9 items found, showing 1 - 9
Author: Columbia Global Freedom of Expression, Agnès Callamard
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In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, Agnès Callamard reviews the international context which presided over the development and adoption of the ICCPR, the International Covenant on Civil and Political Rights, and the various debates which characterized the drafting of the provision related to freedom of expression. Callamard also explains two additional institutions which have made the ICCPR a particularly important tool for the protection of human rights and freedom of expression in particular.

Author: IACtHR
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“[T]he Government of Costa Rica […] submitted to the Inter-American Court of Human Rights […] an advisory opinion request relating to the interpretation of Articles 13 [Freedom of thought and expression] and 29 [Restrictions Regarding Interpretation] of the American Convention on Human Rights […] as they affect the compulsory membership in an association prescribed by law for the practice of journalism […]. The request also sought the Court's interpretation relating to the compatibility of Law No. 4420 of September 22, 1969, Organic Law of the Colegio de Periodistas (Association of Journalists) of Costa Rica […], with the provisions of the aforementioned articles.”

IACtHR, Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism. Advisory Opinion OC-5/85. Series A, No. 5. 13 November 1985

Author: M.G. Wallace
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This article examines the constitutionality of Sedition Laws in the United States and its relation with the freedom of speech and expression. The author also provides an account of the historical underpinnings of Sedition Laws.

Wallace, M. G. "Constitutionality of Sedition Laws." Virginia Law Review 6, no. 6 (1920): 385-99. doi:10.2307/1064269.

Author: A. G. Noorani
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This book review discusses the theory of Contempt of Court, in the context of its removal from the English courts, the European Convention on Human Rights, the Australian High Courts, and the Tasmanian case of a newspaper called The Mercury, and concludes with the note that though our Constitution adopted British law as frozen in 1950, it has failed to since then keep up with the developments in it, or with its spirit.

Noorani, A. G. "Contempt of Court and Free Speech." Economic and Political Weekly 36, no. 20 (2001): 1693-694. http://www.jstor.org/stable/4410630.

Author: Columbia Global Freedom of Expression, Dirk Voorhoof
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In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, professor Dr. Dirk Voorhoof  from Ghent University, Belgium addresses how is freedom of speech, freedom of expression, guaranteed under the European human rights system

Author: Frederick Schauer
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This article unpacks and explains the chilling effect and discusses how uncertainty generally and the chilling effect will affect how various classes of speech are treated.

Frederick Schauer, "Fear, Risk and the First Amendment: Unraveling the Chilling Effect" (1978). Faculty Publications. 879. https://scholarship.law.wm.edu/facpubs/879

Author: UN, OSCE and OAS Special Rapporteurs for Freedom of Expression
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First Joint Declaration of the International Mechanisms for Promoting Freedom of Expression

UN, OSCE and OAS Special Rapporteurs for Freedom of Expression, First Joint Declaration, November 26, 1999.

Author: Joshua Azriel
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This article, by looking back through almost the last 100 years of American history, shows that the current laws on sedition and free speech in the post-9/11 era parallel those adopted from two other time periods in American history, i.e. World War One and the Cold War. It also argues that changes in current sedition laws are not needed to fight the war on terrorism five years after the attacks on September 11, 2001.

Joshua Azriel, "Five Years after the 9/11 Terrorist Attacks: Are New Sedition Laws Needed to Capture Suspected Terrorists in the United States," Connecticut Public Interest Law Journal 6, no. 1 (2006-2007): 1-22

Author: Soli J. Sorabjee
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This article discusses the importance of the freedom of expression and the freedom of press in the Indian context, and in the specific context of the constitution and the restrictions it allows to be placed on it. It then discusses censorship as an inevitable result of this, focusing on prior restraint and traces the history of legislation and cases on these principles, from the perspective of both civil and criminal law, and concludes with recommendations on changes which are needed, mentioning the law of contempt specifically.

Sorabjee, S. J. (1994). Freedom of expression and censorship: Some aspects of the indian experience. Northern Ireland Legal Quarterly 45(4), 327-342. http://heinonline.org/HOL/P?h=hein.journals/nilq45&i=337