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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
331

[en] JUDICIAL CENSORSHIP AS A LIMITATION OF THE FREEDOM OF EXPRESSION: COMPARATIVE ANALYSIS OF THE INTER-AMERICAN, ARGENTINIAN E BRAZILIAN LEGAL FRAMEWORK / [pt] A CENSURA JUDICIAL COMO MEIO DE RESTRIÇÃO DA LIBERDADE DE EXPRESSÃO: ANÁLISE COMPARATIVA DA JURISPRUDÊNCIA DA CORTE INTERAMERICANA DE DIREITOS HUMANOS, DA CORTE SUPREMA DE JUSTIÇA DA NAÇÃO ARGENTINA E DO SUPREMO TRIBUNAL FEDERAL

RODRIGO GASPAR DE MELLO 20 June 2012 (has links)
[pt] O poder judiciário é o principal agente da censura, atualmente, no direito brasileiro. Apesar de a Constituição e a Convenção Americana sobre Direitos Humanos reconhecerem a liberdade de expressão como direito fundamental e a proibição da censura como garantia absoluta desse direito, a jurisprudência do Supremo Tribunal Federal vem admitindo e chancelando a imposição deste grave meio de restrição à manifestação do pensamento por juízes e tribunais. Nesta dissertação, procurou-se verificar se é legítima a possibilidade de o poder judiciário proibir a manifestação do pensamento em caso de violações à honra ou à privacidade. Estudou-se a jurisprudência da Corte Interamericana de Direitos Humanos, da Corte Suprema da Nação e do Supremo Tribunal Federal sobre o tema da censura judicial a fim de verificar o que esses tribunais efetivamente entendem por censura e, ainda, se consideram legítima a sua imposição pelo poder judiciário. Considerando que a censura caracteriza a completa supressão da liberdade de expressão, foram identificados e comparados os standards normativos e padrões argumentativos adotados pelas referidas cortes nos julgamentos de casos que envolviam a proibição da livre manifestação do pensamento. Promoveu-se também um estudo dos fundamentos da liberdade de expressão e uma crítica à jurisprudência do Supremo Tribunal Federal a respeito da possibilidade de imposição de censura por meio de decisão do poder judiciário. / [en] Nowadays, the judicial branch is, in the Brazilian legal system, the most important source of censorship. Despite the recognition of freedom of expression as a fundamental right by the Brazilian Constitution and the Inter-American Convention of Human Rights and the complete prohibition of imposing censorship as a way to enforce freedom of expression, the Brazilian Supreme Court (Federal Supreme Court) has been ruling as according to the law the decisions made by inferior courts imposing censorship. One of the aims of this dissertation is to verify if it is legitimate that judges impose censorship in case expressions violate the honor or the privacy of others. The decisions taken by the Inter-American Court of Human Rights, the Supreme Court of the Argentinian Nation and the Brazilian Federal Supreme Court about judicial censorship were studied and described to check how they interpret the norms about it, what exactly they consider censorship and if they agree with it when imposed by judges as according to the law. Considering that censorship means the complete suppression of freedom of expression, the dissertation identified and compared the normative standards and the legal argument patterns adopted by these courts when ruling about cases involving the prohibition of free speech. In addition, the dissertation went through a study of the ground and philosophical foundations of the freedom of expression and a critical analysis of the Brazilian Federal Supreme Court rulings regarding censorship decisions taken by judicial branch members.
332

While freedom lives : political preoccupations in the writing of Marjorie Barnard and Frank Dalby Davison, 1935-1947

Darby, Robert, English, Australian Defence Force Academy, UNSW January 1989 (has links)
The problem with which this thesis is concerned is the relationship between literature and politics. By means of a biographical and historical study two significant writers of the 1930s/40s I examine the ways in which the pressures of Depression, the threat of fascism and the onset of war influenced Australian writing. In particular, I ask whether the political issues of the period affected what these authors wrote and how they wrote it. My conclusion is that pressure of political concern caused significant personal, philosophical and political changes in Barnard and Davison, and that it affected both the genre in which they wrote and the content of their fiction. They turned from fiction to cultural commentary, historical writing, political pamphleteering and activism. They utilised short fiction as a means of discussing their worries about the state of the world and in order to promote values they felt threatened. When they returned to longer fiction their work bore, to differing degrees, in its ideas, arguments and imagery, the influence of their political engagement. More generally, I conclude that liberal humanism was the major animating philosophy of writers in the 1930s and that their concern with political issues grew from their conviction that western liberal democracy was the most fruitful soil for the production of art, a climate of freedom which they felt threatened by both fascism and war. This anxiety is the most important factor in both their politicisation and the work they did under the latter???s influence.
333

Säkerställande av upphovsrättigheter : Kan en Internetleverantör åläggas att blockera sina kunders tillgång till tjänster/webbsidor som används för att begå upphovsrättsintrång? / Enforcement of copyrights : Can an ISP be imposed to block its customers’ access to services/websites that are used to commit copyright infringement?

Sanderson, Ellinor January 2012 (has links)
Informationsplattformen Internet har blivit som en självklarhet för många. Dock har den tekniska utvecklingen medfört omfattande upphovsrättsintrång på Internet och utmaningen att komma till rätta med problemet utgör främst fall där Internetleverantörer eller så kallade mellanhänder av teknikens hjälp endast tillhandahåller uppkoppling till nätet. Med anledning av att Internetleverantörers tjänster utnyttjas av kunder för att begå intrång kan det diskuteras huruvida det är möjligt och eftersträvbart att ålägga dessa leverantörer en blockeringsskyldighet för att begränsa åtkomsten av Internet. Vitesförbudsbestämmelsen 53 b § i upphovsrättslagen och även annan reglering ger begränsat utrymme för att meddela förelägganden mot mellanhänder i den utsträckning som torde vara önskvärd utifrån den olagliga verksamhet som förekommer på Internet. Med stöd av 53 b § har Internetleverantörer förbjudits att tillhandahålla uppkoppling till tjänster som används på ett sätt som innebär upphovsrättsintrång. Domstolen är uppenbart medveten om att ”förbjuda uppkoppling” respektive ”blockera” endast innebär en hårfin skillnad. Även i den situation när tjänsten kommer ifrån ett land utanför EU och torde vara laglig i det landet verkar heller inte påverka svaret på frågan. Det kan anses att EU-rätten talar för en mer generös tolkning med hänsyn till exempelvis ett nyligen avgjort mål från Storbritannien. Dock framgår det av EU-rättspraxis att nationell domstol inte tillåts att i förebyggande syfte och utan utredning om intrång framtvinga blockering eller införande av filtreringssystem. En annan frågeställning som aktualiseras är om en möjlig censur av Internet kan anses förenlig med censurförbudet i grundlagarna och om ett åläggande kan anses förenligt med förbudet för medlemstaterna att ålägga en allmän övervakningsskyldighet för tjänsteleverantörer. / Internet as a platform for information has become as obvious to many. However, technological developments have resulted in widespread copyright infringement on the Internet and the challenge to deal with the problem are mostly cases where Internet service providers (ISPs) or known as intermediaries by using technology only provides connectivity to the Internet. As a result of those ISPs whose services are utilized by customers to infringe, it may be arguable whether it is possible and pursued to impose these suppliers a blockage obligation to limit access of the Internet. The rule of injunction § 53 b of the copyright law and other regulations provide limited scope for injunctions against intermediaries to the extent as would be desirable from the illegal activities on the Internet. According to § 53 b, the ISPs are banned from providing access to services that are used in a way that constitutes copyright infringement. The Court is obviously aware of the subtle difference between “prohibit access” and “block”. Even in the situation when the service comes from a country outside the EU and could probably be legal there does not seem to affect the response to the question. It may be considered that EU law could points out a more generous interpretation regarding, for example, a recently determined case from the UK. However, it appears from the EU law that national courts are not allowed to force blocking or introduction of filtering system only in order to prevent a future infringe and without investigation of such an infringe. Another question that arises is whether a possible censorship of the Internet can be considered as consistent with the censorship ban in the constitutions and whether an injunction may be considered compatible with the prohibition for Member States to impose a general monitoring obligation on service providers.
334

Censur på barnavdelningen : Likheter och skillnader mellan småbarnsföräldrars och barnbibliotekariers syn på censur / Censorship in children’s library : The differences and similarities between the opinion of librarians and parents

Persson, Cecilia, Carlsson, Rebecca January 2015 (has links)
The aim of this bachelor’s thesis is to examine parents’ and librarians’ views on censorship in children’s library. Similarities and differences between the opinion of librarians, and parents with children in the age of 0 to 12 years, have been examined. To analyse the result Jürgen Habermas’ theory of lifeworld and system has been used, together with research, mostly from USA, about censorship of children’s library. There is not much research available on censorship at children's libraries in Sweden, instead newspaper articles on controversial children's literature have been used in this paper to shed light upon the current Swedish views on censorship in children's libraries. Qualitative interviews with two librarians, working in the children’s library, and two parents, with children who visit the children's library regularly, were made. In summary, the research shows that there are actually not many differences in opinion of censorship in children’s library between the parents and librarians. A new question arises: why do we have a discussion in media about censorship of children’s library, when the respondents of this research think the controversial books should not be moved. And is it coincidental that all our respondents shared the same view on censorship of children's literature, or is it the common opinion among children's librarians and parents of younger children in Sweden?
335

The limits of Posibilismo : the censors and Antonio Buero Vallejo

Ladner, Erik Christopher, 1973- 12 August 2011 (has links)
Not available / text
336

The “Fatty” Arbuckle Scandal, Will Hays, and Negotiated Morality in 1920s America

Whitehead, Aaron T. 01 May 2015 (has links)
In the autumn of 1921, silent film comedian Roscoe “Fatty” Arbuckle was arrested for the rape and murder of a model and actress named Virginia Rappé. The ensuing scandal created a firestorm of controversy not just around Arbuckle but the entire motion picture industry. Religious and moral reformers seized upon the scandal to decry the decline of “traditional” moral values taking place throughout American society in the aftermath of World War I. The scandal created a common objective for an anti-film coalition representing diverse social and religious groups, all dedicated to bringing about change in the motion picture industry through public pressure, boycotts, and censorship legislation. In the face of this threat, the film industry created the Motion Picture Producers and Distributors Association, with Republican strategist Will Hays as its president. Hays worked to incorporate moral reformers into his new organization, giving them an outlet for their complaints while simultaneously co-opting and defusing their reform agenda. Hays’ use of public relations as the means to institute self-regulation within the motion picture industry enabled Hollywood to survive the Arbuckle scandal and continue to thrive. It also set up the mechanism by which the industry has effectively negotiated public discontent ever since.
337

Representing War : Swedish Neutrality, Media Specificity and the Censorship of World War I Films

Hagman, Johannes January 2014 (has links)
During World War I, war films became an important part of Swedish cinema programs. Newsreels as well as war related fiction films from the different battling nations were distributed to film theaters around the country. With these new films, the recently established censorship bureau also got new duties to consider. Aside from protecting public moral and the youth, the censors were now expected to uphold the Swedish neutrality policy in the domain of cinema. Material sensitive for diplomatic relations or potentially politically arousing for the audience was removed or edited. There were several reasons as to why cinema was singled out as the most important medium to control during these sensitive times. The authentic aura of moving images together with a fear of the reactions of mass audiences made the risk of biased propaganda seem greater. This thesis analyzes the complex web of relations between Swedish neutrality, media specificity discourse and censorship of World War I films. Examples of censorship of both newsreels and fiction films are discussed in relation to media specificity discourse in trade journals and daily newspapers of the time.
338

The road to scholastic press freedom : a survey of midwestern high school newspaper advisers to determine the effects adviser backgrounds and school demographics have on student press freedom

Maksl, Adam M. January 2007 (has links)
This study examines what characteristics of schools and advisers have the most effect on fostering free student press practices as reported by advisers. Advisers' perceptions were measured based on three scales: one that measured student practices, one that measured administrative practices and one that measured adviser practices. Data suggested that existence of student free expression laws and open forum policies, number of years of teaching and advising, licensure and certification to teach journalism, and membership in professional journalism organizations are among the characteristics that have the greatest effect on fostering freer scholastic press practices. Recommendations were made to scholastic media organizations to use this data to help prioritize the initiatives to best free press practices in school newspapers. / Department of Journalism
339

Attitudes of public school superintendents toward student press freedom in states with and states without student press freedom laws

Birke, Chris January 1999 (has links)
This study gauged how superintendents of six states view student press freedom. This study focused on two sets of superintendents. In one set, the superintendents were in states that had passed student freedom laws. The second set of superintendents were in states that had no freedom laws, meaning school administrators had the right to censor school publications. The data strongly suggests that superintendents in states with freedom laws were less likely to favor censorship. However, both sets of superintendents appeared to favor administrative control. / Department of Journalism
340

Post tenebras spero lucem : Alquimia y ritos en el Quijote y otras obras cervantinas

Magriñá Badiella, Carles January 2014 (has links)
This study focuses on two areas: alchemy (Part I) and rituals of initiation (Part II) in the works of Miguel de Cervantes, focusing on Don Quijote de la Mancha as my main case study. The first part analyses the function of alchemy and how it can be interpreted throughout the works and various literary genres of Cervantes. It will demonstrate that the texts of Cervantes contain both explicit and implicit allusions to, as well as different aspects of alchemy, such as operative and spiritual alchemy and how these are ultimately used by Cervantes as a means of expression. The author draws from this rich source and modifies these means of expression in order to achieve various results: sometimes with wit or in relation to fraud; at other times it focuses on inner alchemy relating to chivalry in what I have called spiritual chivalry, which has the aim of self-improvement and ultimately, gnosis.  Regarding the chivalric rituals of initiation, according to this investigation chivalry serves as both satire and representation of the alchemical process in the case of Don Quijote, which finds its key moments during the rituals. In this sense alchemy and chivalry are studied as two sides of the same coin, in which the search for something higher, an object (the philosopher stone, the beloved), subjects the protagonist to continuous transmutations and puts him in contact with the transitory, that is, liminal states, people and spaces. From this perspective Don Quixote de la Mancha is built upon liminal poetics. My approach, which follows the tenets of analogical hermeneutics, is included within the framework of the Western Esotericism Studies. The 16th and 17th centuries were a fertile age for alchemy throughout Europe. In Spain, alchemy and other esoteric disciplines co-existed with the Spanish Inquisition and its body for the control of ideas and texts: censorship. By being ambiguous and putting into dialogue different ideas of alchemy, Cervantes not only allowed readers to reach their own conclusions, he also protected his work from censorship.

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