Spelling suggestions: "subject:"freedom"" "subject:"reedom""
191 |
The role of government and the constitutional protection of equality and freedom of expression in the United States and CanadaGrayson, James Warren 11 1900 (has links)
Canada and the United States are similar in many respects,
and both protect individual rights at a constitutional level.
However, the Supreme Court of Canada and the United States
Supreme Court have developed alternative conceptions of the
constitutional protection of freedom of expression and equality.
This thesis describes these differences and attempts to explain
the reasons for their development.
Under the Fourteenth Amendment, the U.S. Supreme Court
merely requires that governmental actors refrain from overt
discrimination on the basis of an objectionable ground. Thus,
the Court has created numerous doctrines to limit equality to
this definition, including color-blindness, intentional
discrimination, and multiple levels of review. Each of these
concepts has contributed to the application of formal equality by
restricting governmental attempts, such as affirmative action, to
alleviate social inequality. In addition, the Court's
application of content neutrality to freedom of expression cases
has restricted attempts to promote equality through legislation
restricting hate speech and pornography.
By contrast, the Supreme Court of Canada has interpreted the
protection of equality in the Charter of Rights and Freedoms to
respond to the actual social consequences of legislation. Rather
than limiting the Charter to intentional discrimination, the
Court will consider governmental actions which have the effect of
creating or encouraging inequality. Similarly, governmental
restrictions on hate speech and pornography have been upheld by
the Supreme Court of Canada as necessary for the protection of
equality. For the Supreme Court of Canada, equality has a social
reality.
These differences suggest an alternative role of government
in the rights sphere in Canada and the United States. The United
States Supreme Court has developed a rights interpretation which
excludes much significant governmental action, whether positive
or negative. The Court has incorporated the Bill of Rights into
the Fourteenth Amendment and, in doing so, has expanded
individual rights at the expense of state power in the promotion
of equality. The lack of such a development in Canada has
resulted in a more substantial role for social legislation, while
still protecting against governmental overreaching through the
Charter.
|
192 |
Access to arrest records : from local discretion to first amendment disclosure /Esco, Jack January 1998 (has links)
Thesis (Ph. D.)--University of Missouri-Columbia, 1998. / Typescript. Vita. Includes bibliographical references. Also available on the Internet.
|
193 |
Access to arrest records from local discretion to first amendment disclosure /Esco, Jack January 1998 (has links)
Thesis (Ph. D.)--University of Missouri-Columbia, 1998. / Typescript. Vita. Includes bibliographical references. Also available on the Internet.
|
194 |
The Missouri Sunshine Law : toward a model of enforcement /Stewart, Daxton R. January 2004 (has links)
Thesis (M.A.)--University of Missouri-Columbia, 2004. / Typescript. Includes bibliographical references (leaves 175-187). Also available on the Internet.
|
195 |
A feminist interpretation of the First Amendment : reconceptualizing freedom, liberty and equality /Demaske, Chris, January 2002 (has links)
Thesis (Ph. D.)--University of Oregon, 2002. / Typescript. Includes vita and abstract. Includes bibliographical references (leaves 266-277). Also available for download via the World Wide Web; free to University of Oregon users.
|
196 |
A legacy of expression Philadelphia newspapers and Congress during the War for Independence, 1775-1783 /Teeter, Dwight Leland, January 1966 (has links)
Thesis (Ph. D.)--University of Wisconsin--Madison, 1966. / Typescript. Vita. Description based on print version record. Includes bibliographical references (leaves 310-326).
|
197 |
The application of the claim-right/duty correlative relationship of Wesley N. Hohfeld to the right of expression of the Christian faithfulArnold, Amy Maria. January 2004 (has links)
Thesis (J.C.L.)--Catholic University of America, 2004. / Includes bibliographical references (leaves 59-64).
|
198 |
The Missouri Sunshine Law toward a model of enforcement /Stewart, Daxton R. January 2004 (has links)
Thesis (M.A.)--University of Missouri-Columbia, 2004. / Typescript. Includes bibliographical references (leaves 175-187). Also available on the Internet.
|
199 |
Freedom of the Press in ThailandSangchan, Dangtoi 12 1900 (has links)
Freedom of the press in Thailand fluctuates greatly, depending upon the government in each period. Newspapers have been suppressed since the monarchy political system was changed to democracy in 1932. Several kinds of suppression were imposed in each period which showed that the country, in reality, was under a military dictatorship. This study is a summary of the government control of the press since 1932. The study was divided into five chapters, including the introduction, background of the press and politics in Thailand, style and characteristics of Thai newspapers, government control from 1932 to 1963, and the conclusions and recommendations for further study.
|
200 |
The role of government and the constitutional protection of equality and freedom of expression in the United States and CanadaGrayson, James Warren 11 1900 (has links)
Canada and the United States are similar in many respects,
and both protect individual rights at a constitutional level.
However, the Supreme Court of Canada and the United States
Supreme Court have developed alternative conceptions of the
constitutional protection of freedom of expression and equality.
This thesis describes these differences and attempts to explain
the reasons for their development.
Under the Fourteenth Amendment, the U.S. Supreme Court
merely requires that governmental actors refrain from overt
discrimination on the basis of an objectionable ground. Thus,
the Court has created numerous doctrines to limit equality to
this definition, including color-blindness, intentional
discrimination, and multiple levels of review. Each of these
concepts has contributed to the application of formal equality by
restricting governmental attempts, such as affirmative action, to
alleviate social inequality. In addition, the Court's
application of content neutrality to freedom of expression cases
has restricted attempts to promote equality through legislation
restricting hate speech and pornography.
By contrast, the Supreme Court of Canada has interpreted the
protection of equality in the Charter of Rights and Freedoms to
respond to the actual social consequences of legislation. Rather
than limiting the Charter to intentional discrimination, the
Court will consider governmental actions which have the effect of
creating or encouraging inequality. Similarly, governmental
restrictions on hate speech and pornography have been upheld by
the Supreme Court of Canada as necessary for the protection of
equality. For the Supreme Court of Canada, equality has a social
reality.
These differences suggest an alternative role of government
in the rights sphere in Canada and the United States. The United
States Supreme Court has developed a rights interpretation which
excludes much significant governmental action, whether positive
or negative. The Court has incorporated the Bill of Rights into
the Fourteenth Amendment and, in doing so, has expanded
individual rights at the expense of state power in the promotion
of equality. The lack of such a development in Canada has
resulted in a more substantial role for social legislation, while
still protecting against governmental overreaching through the
Charter. / Law, Peter A. Allard School of / Graduate
|
Page generated in 0.0647 seconds