The First Amendment Distinction Between Conduct and Content: a Conceptual Framework for Understanding Fighting Words Jurisprudence
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Full Article
467 O'NEIL 2/28/2013 3:54 PM HATE SPEECH, FIGHTING WORDS, AND BEYOND—WHY AMERICAN LAW IS UNIQUE Robert M. O‘Neil* During the waning days of the turbulent presidential campaign of 2012, the issue of free speech was bound to emerge. President Barack Obama chose this moment to declare to the United Nations General Assembly his abiding commitment to the uniquely American value of unfettered expression.1 In a diverse society, he reaffirmed, ―efforts to restrict speech can become a tool to silence critics, or oppress minorities.‖2 The catalyst for this declaration was the appearance of ―a crude and disgusting video‖3 caricaturing the Prophet Muhammad which had triggered violent protests in more than twenty nations, mainly in the Middle East.4 President Obama made clear both his disdain for the video and his unswerving faith in the singularly American insistence on free expression.5 Curiously (or some would say paradoxically) the Obama Administration only weeks earlier had actively supported passage of a resolution in the United Nations Human Rights Council to create an international standard restricting some anti-religious speech; the Egyptian ambassador to the United Nations had lauded this measure by recognizing that ―‗freedom of expression has been sometimes misused‘ to insult religion.‖6 Secretary of State Hilary Clinton had added her view that speech or protest resulting in the destruction of religious sites was not, she noted, ―fair game.‖7 In a recent and expansive analysis of these contrasting events, * University of Virginia and Association of Governing Boards, Albany Law Review Symposium, September, 2012. -
Free Speech Or Hate Speech? a Conversation Regarding State V
Free Speech or Hate Speech? A Conversation Regarding State v. Liebenguth November 16, 2020 4:00 p.m. – 6:00 p.m. CT Bar Association Webinar CT Bar Institute, Inc. CT: 2.0 CLE Credits (1.0 General / 1.0 Ethics) NY:2.0 CLE Credits (1.0 AOP / 1.0 Ethics) No representation or warranty is made as to the accuracy of these materials. Readers should check primary sources where appropriate and use the traditional legal research techniques to make sure that the information has not been affected or changed by recent developments. Page 1 of 163 Table of Contents Lawyers’ Principles of Professionalism...................................................................................................................3 Agenda ....................................................................................................................................................................6 Faculty Biographies ................................................................................................................................................7 Hate Crime Laws ..................................................................................................................................................10 State v. Liebenguth ................................................................................................................................................26 State v. Liebenguth 181 Conn.App. 37 ..................................................................................................................49 State v. Baccala .....................................................................................................................................................67 -
Hate Speech Ignited Understanding Hate Speech in Myanmar
Hate Speech Ignited Understanding Hate Speech in Myanmar Hate Speech Ignited Understanding Hate Speech in Myanmar October 2020 About Us This report was written based on the information and data collection, monitoring, analytical insights and experiences with hate speech by civil society organizations working to reduce and/or directly af- fected by hate speech. The research for the report was coordinated by Burma Monitor (Research and Monitoring) and Progressive Voice and written with the assistance of the International Human Rights Clinic at Harvard Law School while it is co-authored by a total 19 organizations. Jointly published by: 1. Action Committee for Democracy Development 2. Athan (Freedom of Expression Activist Organization) 3. Burma Monitor (Research and Monitoring) 4. Generation Wave 5. International Human Rights Clinic at Harvard Law School 6. Kachin Women’s Association Thailand 7. Karen Human Rights Group 8. Mandalay Community Center 9. Myanmar Cultural Research Society 10. Myanmar People Alliance (Shan State) 11. Nyan Lynn Thit Analytica 12. Olive Organization 13. Pace on Peaceful Pluralism 14. Pon Yate 15. Progressive Voice 16. Reliable Organization 17. Synergy - Social Harmony Organization 18. Ta’ang Women’s Organization 19. Thint Myat Lo Thu Myar (Peace Seekers and Multiculturalist Movement) Contact Information Progressive Voice [email protected] www.progressivevoicemyanmar.org Burma Monitor [email protected] International Human Rights Clinic at Harvard Law School [email protected] https://hrp.law.harvard.edu Acknowledgments Firstly and most importantly, we would like to express our deepest appreciation to the activists, human rights defenders, civil society organizations, and commu- nity-based organizations that provided their valuable time, information, data, in- sights, and analysis for this report. -
Fighting Words in the Era of Texts, Ims and E-Mails: Can a Disparaged Doctrine Be Resuscitated to Punish Cyber-Bullies?
DePaul Journal of Art, Technology & Intellectual Property Law Volume 21 Issue 1 Fall 2010 Article 2 Fighting Words in the Era of Texts, IMs and E-Mails: Can a Disparaged Doctrine Be Resuscitated to Punish Cyber-Bullies? Clay Calvert Follow this and additional works at: https://via.library.depaul.edu/jatip Recommended Citation Clay Calvert, Fighting Words in the Era of Texts, IMs and E-Mails: Can a Disparaged Doctrine Be Resuscitated to Punish Cyber-Bullies?, 21 DePaul J. Art, Tech. & Intell. Prop. L. 1 (2010) Available at: https://via.library.depaul.edu/jatip/vol21/iss1/2 This Lead Article is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Journal of Art, Technology & Intellectual Property Law by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. Calvert: Fighting Words in the Era of Texts, IMs and E-Mails: Can a Dispar FIGHTING WORDS IN THE ERA OF TEXTS, IMS AND E-MAILS: CAN A DISPARAGED DOCTRINE BE RESUSCITATED TO PUNISH CYBER-BULLIES? Clay Calvert' One of the few traditional categories of expression falling outside the ambit of First Amendment2 protection - one of the so- called "categorical carve-outs"' - is the much-maligned 4 class of 1. Professor & Brechner Eminent Scholar in Mass Communication and Director of the Marion B. Brechner First Amendment Project at the University of Florida, Gainesville, Fla. B.A., 1987, Communication, Stanford University; J.D. (Order of the Coif), 1991, McGeorge School of Law, University of the Pacific; Ph.D., 1996, Communication, Stanford University. -
MORSE V. FREDERICK
(Slip Opinion) OCTOBER TERM, 2006 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus MORSE ET AL. v. FREDERICK CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 06–278. Argued March 19, 2007—Decided June 25, 2007 At a school-sanctioned and school-supervised event, petitioner Morse, the high school principal, saw students unfurl a banner stating “BONG HiTS 4 JESUS,” which she regarded as promoting illegal drug use. Consistent with established school policy prohibiting such messages at school events, Morse directed the students to take down the banner. When one of the students who had brought the banner to the event—respondent Frederick—refused, Morse confiscated the banner and later suspended him. The school superintendent upheld the suspension, explaining, inter alia, that Frederick was disciplined because his banner appeared to advocate illegal drug use in violation of school policy. Petitioner school board also upheld the suspension. Frederick filed suit under 42 U. S. C. §1983, alleging that the school board and Morse had violated his First Amendment rights. The Dis- trict Court granted petitioners summary judgment, ruling that they were entitled to qualified immunity and that they had not infringed Frederick’s speech rights. -
Language Change: Identity Management and the Boundaries of Acceptable Verbal Conduct in School Settings
LANGUAGE CHANGE: IDENTITY MANAGEMENT AND THE BOUNDARIES OF ACCEPTABLE VERBAL CONDUCT IN SCHOOL SETTINGS Lynn Downes BA primAry educAtion, BA pre-primary education, BTTC, Master of EducAtion, Inclusive EducAtion, QUT, Master of EducAtion, TESOL, QUT. CELTA, UQ Principal Supervisor: Associate Professor Margaret Kettle Associate Supervisor: Professor Gordon Tait Associate Supervisor: Dr Peter O’Brien Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy Office of Education Research Faculty of Education Queensland University of Technology May 2019. This page has been intentionally left blank “Fuck is a sacred word?” you ask. Fucking A right it is. It is a word that one should not utter because it is such a terrible word of epic proportions, a word whose mere utterance is a sin. A fucking sin, can you imagine? That’s how fucking important fuck is. And because it’s a sin, using it is so enticing to the young that when they hear it for the first time they are spellbound. And when they use it for the first time, that F and the U bang so deliciously against the hard K, ripping through the lips, it’s as if a caged animal has been unleashed. They feel that they have taken that first mighty step toward adulthood. Some of them may even repeat it over and over, testing to see if God will strike them down for saying it. It’s a word you don’t use in polite conversation or in front of your parents, which makes it even more glorious when chewed up and spit out in the schoolyard or in the bowels of the basement. -
The New Profanity Steven R
® THE LANGUAGE QUARTERLY Vol. XXV, No. 4 Autumn 2000 VERBATIM Editor: Erin McKean Founding Editor: Laurence Urdang The New Profanity Steven R. Finz The Sea Ranch, California nly a few decades ago, no person of culture battle began in the corridors of a California Owould use the f-word in polite company. municipal court, although it was inspired by a dif- Now, although even our courts have stopped ferent kind of battle that was taking place in Viet shrinking from public pronunciation of the word Nam. On April 26, 1968, Paul Robert Cohen fuck, all America heard O. J. Simpson’s defense walked through a Los Angeles County court- lawyer ask witness Mark Fuhrman if he had used house, in the presence of women and children, “the n-word” any time in the past ten years. wearing a jacket bearing the words “Fuck the Ironically, Fuhrman’s answer was “No. Never.” Draft” plainly emblazoned on its back. When Have ethnically offensive terms become the only Cohen entered a courtroom, he removed the dirty words left to our society? jacket and draped it over his arm. A court officer America holds a traditional belief in the ben- asked the judge to hold Cohen in contempt, but efits of free expression. United States Supreme the judge refused, since no offense had been Court Justice Felix Frankfurter wrote that one of committed in his presence. So the police were the prerogatives of American citizenship is the called. Cohen was arrested and convicted of vio- freedom to speak “foolishly and without modera- lating a California law that prohibited disturbing tion.”1 Our courts have a long history of protect- the peace. -
Stalin's Purge and Its Impact on Russian Families a Pilot Study
25 Stalin's Purge and Its Impact on Russian Families A Pilot Study KATHARINE G. BAKER and JULIA B. GIPPENREITER INTRODUCTION This chapter describes a preliminary research project jointly undertaken during the winter of 1993-1994 by a Russian psychologist and an American social worker. The authors first met during KGB's presentation of Bowen Family Systems Theory (BFST) at Moscow State Uni versity in 1989. During frequent meetings in subsequent years in the United States and Russia, the authors shared their thoughts about the enormous political and societal upheaval occurring in Russia in the 1990s. The wider context of Russian history in the 20th-century and its impact on contemporary events, on the functioning of families over several generations, and on the functioning of individuals living through turbulent times was central to these discussions. How did the prolonged societal nightmare of the 1920s and the 1930s affect the popula tion of the Soviet Union? What was the impact of the demented paranoia of those years of to talitarian repression on innocent citizens who tried to live "normal" lives, raise families, go to work, stay healthy, and live out their lives in peace? What was the emotional legacy of Stalin's Purge of 1937-1939 for the children and grandchildren of its victims? Does it continue to have an impact on the functioning of modern-day Russians who are struggling with new societal disruptions during the post-Communist transition to a free-market democracy? These are the questions that led to the research study presented -
From Hashtag to Hate Crime: Twitter and Anti-Minority Sentiment ∗
From Hashtag to Hate Crime: Twitter and Anti-Minority Sentiment ∗ Karsten M¨uller† and Carlo Schwarz‡ October 31, 2019 Abstract We study whether social media can activate hatred of minorities, with a focus on Donald Trump’s political rise. We show that the increase in anti-Muslim sentiment in the US since the start of Trump’s presidential campaign has been concentrated in counties with high Twitter usage. To establish causality, we develop an identification strategy based on Twitter’s early adopters at the South by Southwest (SXSW) festival, which marked a turning point in the site’s popularity. Instrumenting with the locations of SXSW followers in March 2007, while controlling for the locations of SXSW followers who joined in previous months, we find that a one standard deviation increase in Twitter usage is associated with a 38% larger increase in anti-Muslim hate crimes since Trump’s campaign start. We also show that Trump’s tweets about Islam-related topics are highly correlated with anti-Muslim hate crimes after the start of his presidential campaign, but not before. These correlations persist in an instrumental variable framework exploiting that Trump is more likely to tweet about Muslims on days when he plays golf. Trump’s tweets also predict more anti-Muslim Twitter activity of his followers and higher cable news attention paid to Muslims, particularly on Fox News. ∗A previous version of this paper was circulated under the title “Making America Hate Again? Twitter and Hate Crime Under Trump.” We are grateful to Roland B´enabou, -
Aesthetic Violence: the Victimisation of Women in the Quebec Novel
AESTHETIC VIOLENCE: THE VICTIMISATION OF WOMEN IN THE QUEBEC NOVEL by JANE LUCINDA TILLEY B.A.(Hons), The University of Southampton, U.K., 1987 M.A., The University of British Columbia, 1989 A THESIS SUBMITI’ED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY in THE FACULTY OF GRADUATE STUDIES (Department of French) We accept this thesis as conforming to the required standard THE UNIVERSITY OF BRITISH COLUMBIA June 1995 Jane Lucinda Tilley, 1995 ___________ In presenting this thesis in partial fulfilment of the requirements for an advanced degree at the University of Bntish Columbia, I agree that the Library shall make it freely available for reference and study. I further agree that permission for extensive copying of this thesis for scholarly purposes may be granted by the head of my department or by his or her representatives. It is understood that copying or publication of this thesis for financial gain shall not be allowed without my written permission. (Signature) Department of The University of British Columbia Vancouver, Canada Date 22 ‘( (c/s_ DE-6 (2188) 11 Abstract The latent (androcentric) eroticism of rape has been exploited in Western culture, from mythology through to a contemporary entertainment industry founded on a cultural predilection for the representation of violence against women. In literature the figure of Woman as Victim has evolved according to shifting fashions and (male) desires until, in contemporary avant-garde writings, themes of sexual violence perform an intrinsic role in sophisticated textual praxis, Woman’s body becoming the playground for male artistic expression and textual experimentation. -
OAG Hate Crime Rpt for 1/96
HATE CRIMES IN FLORIDA January 1, 2001 - December 31, 2001 Office of Attorney General Bob Butterworth Table of Contents Letter from Attorney General Bob Butterworth ........................................ Introduction ................................................................... Executive Summary ........................................................... 1 Annual Report, Hate Crimes in Florida January 1 - December 31, 2001 What is A Hate Crime? ............................................ 2 Types of Offenses Offense Totals by Motivation Type January 1 - December 31, 2001 ...................................... 2 Crimes Against Persons (1991 - 2001) ....................................... 3 Crimes Against Persons vs. Crimes Against Property...................................................... 4 2001 Florida Hate Crimes Overview by Motivation Type ......................... 4 Hate Crimes Comparison by Motivation (1991 - 2001) .......................... 4 Offense Totals by County and Agency January 1 - December 31, 2001 .......................................... 5 Hate Crimes by Offenses and Motivation Type by County and Agency January 1 - December 31, 2001 ......................................... 11 Appendices Appendix 1 - Hate Crimes Reporting ....................................... 25 Appendix 2 - Florida Hate Crimes Statutes ................................................................. .. 32 Appendix 3 - Florida Attorney General’s Office of Civil Rights .................... 33 Appendix 4 - Sources of Additional Information -
UC Berkeley UC Berkeley Electronic Theses and Dissertations
UC Berkeley UC Berkeley Electronic Theses and Dissertations Title Ripples, Echoes, and Reverberations: 1965 and Now in Indonesia Permalink https://escholarship.org/uc/item/5fv121wm Author Stroud, Martha Publication Date 2015 Peer reviewed|Thesis/dissertation eScholarship.org Powered by the California Digital Library University of California Ripples, Echoes, and Reverberations: 1965 and Now in Indonesia by Martha Stroud A dissertation submitted in partial satisfaction of the requirements for the degree Joint Doctor of Philosophy with University of California, San Francisco in Medical Anthropology in the Graduate Division of the University of California, Berkeley Committee in charge: Professor Nancy Scheper-Hughes, Chair Professor Laura Nader Professor Sharon Kaufman Professor Jeffrey A. Hadler Spring 2015 “Ripples, Echoes, and Reverberations: 1965 and Now in Indonesia” © 2015 Martha Stroud 1 Abstract Ripples, Echoes, and Reverberations: 1965 and Now in Indonesia by Martha Stroud Joint Doctor of Philosophy with University of California, San Francisco in Medical Anthropology University of California, Berkeley Professor Nancy Scheper-Hughes, Chair In Indonesia, during six months in 1965-1966, between half a million and a million people were killed during a purge of suspected Communist Party members after a purported failed coup d’état blamed on the Communist Party. Hundreds of thousands of Indonesians were imprisoned without trial, many for more than a decade. The regime that orchestrated the mass killings and detentions remained in power for over 30 years, suppressing public discussion of these events. It was not until 1998 that Indonesians were finally “free” to discuss this tragic chapter of Indonesian history. In this dissertation, I investigate how Indonesians perceive and describe the relationship between the past and the present when it comes to the events of 1965-1966 and their aftermath.