This study investigated the tension between the right to freedom of expression and the right to a fair trial in the context of the public broadcasting of criminal trials. The aim of the study was to determine whether the right of the media to broadcast criminal trials can be reconciled with the right of an accused person to a fair trial. To accomplish the above aim, the research undertook a review of the case law relating to televised criminal trials in order to determine how the courts have addressed the fair trial-free expression conflict. The study concluded that the ‘balancing exercise’ employed by the courts does not seem to have addressed this tension. Given that televised criminal trials are prone to sensationalism and the danger of fabrication of evidence, the study concludes that the broadcasting of criminal trials undermines the right to a fair trial. The study makes recommendations that are designed to ensure a proper balance between the freedom of expression as exercised by the media through the broadcasting of criminal trials on the one hand and the right of accused persons to a fair trial on the other.

There is a debate on how air power should be employed to attain success in war and conflicts. Although scholars do not fully agree on the subject, there is a consensus that attacking the opponents military forces’, a course of action referred to as denial, can contribute to a positive outcome on the battlefield. This thesis investigates the utility of denial in air operations against regular and irregular opponents. The purpose of this study was to examine Robert Pape’s Denial Theory in a focused and structured comparative case study of Operation Enduring Freedom in Afghanistan and Operation Iraqi Freedom in Iraq. The investigation reveals that denial contributed to the ground offensives in both cases, specifically by providing air support in the theatre, which led to the collapse of Saddam Hussein’s regime in Iraq and drew the opponents out of several cities in Afghanistan. The use of operative interdiction made freedom of action possible and resulted in the final collapse of the Taliban regime in Afghanistan. In conclusion the investigation shows that denial may be a suitable modus operandi against both regular and irregular opponents. / <p><strong>Uppsatsen skriven VT 2017 under Termin 4 Officersprogrammet 15-18 med inriktning</strong><strong>mot flyg. Examen genomförs VT 2018.</strong></p>

In 1989, the United States Supreme Court formulated the central purposes doctrine of the Freedom of Information Act (FOIA) by ruling that the law was designed to grant citizens a right of access to records reflecting on the activities of government officials. This decision immediately generated controversy. The majority of parties interested in FOIA jurisprudence claimed that the judgement misconstrued the congressional intent by denying that legislators had hoped to create a right of access to all government-held information, regardless of its content. The contrast between the Court's doctrine and the majority interpretation, or the free-flow-of-information view, is the main topic of this thesis. In exploring this matter, it becomes evident that the intellectual history of access legislation in the United States is marked by considerable diversity: from the 1920s through to the present era, various FOIA constituencies have espoused distinctive views on how an access-torecords statute should be understood. Most of these interpretations have focussed on the need for access as a measure to help citizens oversee the conduct of government personnel, and only the free-flow supporters have broken from this pattern. The philosophy they offer in its place suggests that oversight interpretations, particularly the central purposes doctrine, are illegitimate. These orthodox commentators argue instead that because the FOIA was designed to serve the same goals as the First Amendment, it must be read as mandating disclosure as "an end for its own sake." The principal contention here is that free-flow supporters have dismissed the government-oversight views far too quickly. To illustrate this point, the thesis focuses on the central purposes doctrine, and articulates it in the form of an "accountability view" to establish that the Court's decision was not as arbitrary as is often claimed. Second, the argument inquires whether one of these two predominant views can be said to have a stronger rationale than the other. The ultimate conclusion of this line of inquiry is that, because of serious logical flaws in the first-amendment argument supporting the free-flow theory, the central purposes doctrine actually represents the more reasonable interpretation of the statutory purpose of the act. / Arts, Faculty of / Library, Archival and Information Studies (SLAIS), School of / Graduate

Reputational interests are protected against defamatory and injurious statements by the common law o f defamation, which permits the targeted individual to recover damages for the injury to his reputation. At the same time, this body of common law sets limits to the constitutional right to free expression of the person who made the penalized communication. However, since s.32(l) of the Canadian Charter of Rights and Freedoms - according to the Supreme Court of Canada - restricts the Charter's application to the actions of legislative, executive and administrative branches of government, the Charter will be at best a bit player in defamation litigation governed by common law rule. This thesis deals with the tension between promoting free speech and protecting a person's reputation, i.e. with the questions whether the common law of defamation has achieved the correct balance between the protection of the individual's reputation and freedom of expression, or whether it needs to be modified in order to better accord with the Charter. A n important component of this thesis is its review of the decision of Hill v. Church of Scientology, where the Supreme Court of Canada addressed the question of whether defamation law needs to be reconsidered in light o f the Charter protection of free expression, and found the balance struck by the current law to be appropriate. A critical look at this decision, and more generally at the law of defamation itself, particularly its presumptions of falsity, malice and damages, will reveal the problems with the common law's resistance to making any major allowance for free expression. The author will argue that the Charter should apply to the common law in the same way as it applies to statutory law and that defamation law in particular would, in all probability, not survive the test under s.l of the Charter, concerning the justification of a limitation to a fundamental right. It will be concluded that the common law of defamation needs to be modified, i.e. that it must accord significantly more weight to freedom of expression in order to be consistent with the Charter. Insofar as the extent of such modification is concerned, the author will propose first of all to give the element of fault a more significant role in the common law of defamation. In addition, she will argue that the common law presumptions should be abolished. In sum, the author's reform proposal requires the plaintiff to prove not only that the words he complains of are defamatory, identify him and are published to a third person, but also that they are false, did indeed cause damage to his reputation and that the defendant acted with fault, i.e. intentionally or negligently, when publishing the defamatory falsehoods. / Law, Peter A. Allard School of / Graduate

Expanding on prior research into the state level causes of terrorism, I argue that state repression and limited state capacity reduces opportunities for non-violent political expression and increases the utility of terrorism. I also argue that economic freedom can is a form of political expression that can dissipate political grievances. While previous authors analyzed some of these variables separately using data on transnational attacks, I created a complete model incorporating the three categories of variables and tested my hypotheses using data that includes both domestic and transnational attacks. I use regression analysis for hypothesis testing and find support for the three primary contentions of this thesis and conclude that limits on political expression increase the likelihood nations will experienced increased levels of terrorism.

Critically examines the regulation of media through the Press and Journalists Act in Uganda. Also makes a comparative analysis of different forms of media regulation in other jurisdictions and recommends best practices which might be useful for Uganda / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof Frederick Jjuuko, Faculty of Law Makerere University Uganda / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

The research aims to investigate the relationship between economic freedom, political freedom and economic growth. The Arab Spring placed renewed interest on the topic of freedom, yet current economic conditions seemingly contradicted the established theory. The largest free economies were being outperformed by those with less political and economic freedom.Three objectives were specified to answer the research question. The first objective aimed to determine the association between economic freedom, political freedom and economic growth, for which Spearman’s correlation was used. The second objective aimed to investigate causal relationships between the variables, for which Granger’s causality was employed. The third objective aimed to examine complex relationships between the variables, for which vector autoregression was used.Economic growth was weakly correlated with the independent variables. Civil liberties, political rights and economic freedom, however, had strong correlations with each other. Economic freedom and economic growth had bi-directional Granger-causality. Political rights Granger-caused economic freedom whilst civil liberties Granger-caused political rights and economic freedom. Using vector autoregression, the model consisting of economic growth, economic freedom and civil liberties had the greatest explanatory power towards economic growth. Existing theory therefore remains valid: political freedom enhances economic freedom, which, in turn, enhances economic growth.The relationship between economic freedom, political freedom and economic growth / Dissertation (MBA)--University of Pretoria, 2012. / Gordon Institute of Business Science (GIBS) / unrestricted

OF DISSERTATION IN ENGLISH Doctoral Student: JUDr. Kateřina Juřicová Topic of Dissertation: Limitations on Freedom of Contract in the Civil Law Supervisor of Dissertation: Prof. JUDr. Jan Dvořák, CSc. Doctoral Programme of Study: Theoretical Legal Sciences - Civil Law, Univerzita Karlova, Právnická fakulta, katedra občanského práva Date of Closing of Dissertation: 31.12.2019 The dissertation covers the limitations on freedom of contract in civil law and provides with the summary and following analysis of both general and specific limitations on freedom of contract in civil law. The general limitations consist of mandatory rules and stipulations prohibited by law. As part of the analysis of the general limitations both character and distinction between mandatory and non-mandatory rules are analyzed, as well as the criteria for the provisions to be designated as mandatory such as statutory prohibition, stipulations contrary to good morals, public order or the law concerning the status of persons, including the right to protection of personality rights. Similarly, the list of specific limitations on self-authorship describes legal relationships between landlord and tenant, employer and employee or consumer and entrepreneur, various cases in the community property of spouses or contracts with minors,...

The issue of so called hate speech in the context of freedom of speech Abstract This thesis titled The issue of so-called hate speech in the context of freedom of speech deals with the legal regulation of hate speech at the international and national level. The thesis contains a comprehensive analysis of legal instruments regulating hate speech in civil, anti-discrimination, administrative and criminal law. This thesis combines the theoretical basis of hate speech regulation with practical knowledge about the applicability of individual legal norms and is supplemented by relevant case law of the Czech courts and the European Court of Human Rights. The aim of this work is to describe the phenomenon of hate speech, provide an analysis of legal instruments regulating hate speech and also to analyse legal arguments for hate speech regulation. The thesis attempts to find the boundary between protected speech and speech that is unprotected by the international and constitutional framework of freedom of speech protection, by means of an analysis of individual court decisions. The thesis also contains a critical reflection of the current legal framework of hate speech regulation and suggests possible variants of legislative changes in the future. The thesis is structured into five chapters. The first part...

The Russian-Ukrainian tensions have recently sparked greater debates on an international scale, particularly since the Russian attack on Ukrainian independence in 2014. For the purpose of being able to contribute to these, my thesis explores the underlying problems causing this most recent conflict in the modern history. The research will demonstrate that the freedom of religion and the freedom of the media are being held hostage for the political purposes, while causing a deeper social trauma in a form of polarization and identity crisis. The international actors, particularly the EU and NATO are examined along with their efforts, as the blame for the responsibility of the conflict is often put on them. The questions of sovereignty, territorial integrity and unity of the nation are challenged in the chapter overseeing the legislative framework of the parties to the conflict. The methodology used for this research is the analysis of texts and reports with the aim to challenge the Western and Eastern prerogatives, respectively. The findings of the research show a clear and deep relation between the issues of identity, religion and language, while proving their undoubtable influence over the conflict and the struggle between Ukraine’s path forward, specifically choosing between the Western path towards modern democracy or Eastern return to traditional values. The results show that the connection between the national identity and the conflict is important and can bring us to further understand not just the roots of the conflict, but also the possible way out of it.