Submitted by Rosivalda Pereira (mrs.pereira@ufma.br) on 2017-10-31T20:06:23Z No. of bitstreams: 1 Jose Rogerio de Pinho Andrade.pdf: 1654192 bytes, checksum: 3e199efb9b53aa93ecdf1a3f53236b90 (MD5) / Made available in DSpace on 2017-10-31T20:06:23Z (GMT). No. of bitstreams: 1 Jose Rogerio de Pinho Andrade.pdf: 1654192 bytes, checksum: 3e199efb9b53aa93ecdf1a3f53236b90 (MD5) Previous issue date: 2017-08-07 / This is a study about the exercise of tolerance against the speech of hate based on John Rawls‟ theory of justice. The paper aims to analyze the Federal Supreme Court decision in the Ellwanger Case under the comprehension of John Rawls‟ political philosophy. For this purpose, freedom of expression, tolerance and the speech of hatred are analyzed. Freedom of expression is discussed as a fundamental right distinguishing it from freedom of thought and information. We describe the idea of tolerance in modern society by identifying its philosophical foundation from the conceptions developed by the modern philosophers John Locke, Voltaire, John Stuart Mill, Noerberto Bobbio e John Rawls. The hate speech is conceptualized and contextualized. The conception of liberty and tolerance according to John Rawls is presented. We discuss freedom of expression, tolerance and hate speech under a legal perspective in both national and interamerican legal systems. Hate speech in Brazil is analyzed under the STF judgment of the Ellwanger case. / Estudo do exercício da tolerância frente ao discurso do ódio com fundamentos na teoria da justiça de John Rawls. O trabalho objetiva analisar a decisão do Supremo Tribunal Federal no Caso Ellwanger sob a compreensão da filosofia política de John Rawls. Para tanto, analisa-se a liberdade de expressão, a tolerância e o discurso do ódio. Descreve-se a ideia de tolerância na sociedade moderna identificando sua fundamentação filosófica a partir das concepções desenvolvidas pelos filósofos modernos John Locke, Voltaire, John Stuart Mill, Norberto Bobbio e John Rawls. Descreve-se a ideia de tolerância na sociedade moderna identificando sua fundamentação filosófica. Conceitua-se e contextualiza-se o discurso do ódio. Apresenta-se a concepção de liberdade e tolerância em John Rawls. Debate-se a liberdade de expressão, a tolerância e o discurso do ódio na perspectiva jurídica no sistema nacional e interamericano de direito. Analisa-se o discurso do ódio no Brasil sob o julgado do STF do caso Ellwanger.

This thesis consists of an argument analysis of three columns published in the Indian newspaper The Indian Express in the aftermath of the gangrape and murder of a young woman in Delhi in December 2012, and the following debate about glorification of rape in Indian popular culture. One of the columnists is arguing in favour of including gender as a category in the Indian law on hate speech, thereby banning an artist called Honey Singh and his lyrics about rape. The two other columnists are arguing against new restrictions on free speech in India. The analysis of the columns shows that there are several relevant arguments for and against including gender in the Indian hate speech legislation. The argumentation against a new law is similar to argumentation found in Western liberal theory, and the argumentation in favour of a new law is similar to argumentation found in Western radical feminist and critical race theory. However, both strands of philosophy are contested by postcolonial theorists, arguing that no Western theory is applicable in a non-Western context, such as India. Indian postcolonial feminists argue in favour of a third approach to sexist speech in India; a counter-speech approach. Counter-speech theorists agree with liberals about the importance of freedom of speech, and with feminists about the harm in hate speech. According to counter-speech theory, hate speech shall thus not be outlawed, but the state shall try to counter the harmful effects of hate speech, for example by strengthening groups targeted by hate speech so that they can speak back to hatemongers. The conclusion of this thesis is that a counter-speech approach is the most sustainable regarding freedom of speech and gender in India. Such an approach does not only appeal to Indian postcolonial theorists, it is also a middle way in-between a liberal and a radical feminist approach. In the conclusion, the relevance of hate speech legislation as a whole is also questioned. Laws such as in India, that protect only racial and religious groups from being targeted by hate speech while categories such as gender, sexual orientation and disability are not included, can be deemed discriminatory. An abolishment of hate speech prohibitions and an adoption of a counter-speech approach to all forms of hate speech is discussed.

My thesis argues that a shift has taken place in white supremacist rhetoric post September 11, 2001. I focus on the pre-9/11 rhetoric of Jared Taylor, the post 9/11 rhetoric of Patrick Buchanan, and identify the attacks of September 11th as a catalytic event in the history of white supremacist rhetoric. Through careful rhetorical analysis, I identify the 9/11 shift as a shift in placement vis-à-vis the political mainstream.

Web 2.0 opened up for a lot of opportunities, digital spaces became open for everyone to participate. But if groups of people get harassed and threatened in this spaces, how does that affect participation? Threats, hateful comments and harassment is a phenomenon that appears to be a common part of life online. Some groups of people may experience this more then others. To investigate this further a qualitative study was conducted using two different methods of internet research; observation and interview online. I wanted to study how cyber hate take the expression against female bloggers that write about feminism. The women that participated in this study have all been harassed and received threats online of various kinds. The blogs that were observed all write about subjects that question and criticize social structures and norms that many take for granted. This seems to spark hatred and threats against these female bloggers. The interviewed bloggers had different strategies for dealing with cyber hate they received. One example of this is that they all review the comments before posted on the blog. A problem that a majority of the bloggers expressed was that general public and the justice system did not take cyber hate seriously. Some people that threats and post hateful comments do that with their full name exposed.  The study indicates that anonymity didn’t play that big part, as first expected, in how people expresses themselves online.

With the increasing population heterogeneity and rising tensions in Western nations, the governments of those nations have sought ways to manage conflict between different groups. This often comes in the form of laws criminalizing certain speech, and numerous Western nations have passed bills strengthening sanctions against hate speech or adding previously unprotected groups. However, when the European Union attempted to pass strict hate speech legislation, many EU member states disagreed with its provisions and, due to the structure of the EU, managed to substantially change the resulting legislation. This study examines how proponents and opponents of hate speech legislative change frame the issue and the role the EU. / text

No description available.

Thesis (M.A. Political Science and Public Policy)--University of Waikato, 2007. / Title from PDF cover (viewed April 1, 2008) Includes bibliographical references (p. [92-100])

Thesis (M.A.)--University of Canterbury, 2009. / Typescript (photocopy). Includes bibliographical references (p. 117-123). Also available via the World Wide Web.

Magister Artium - MA / The controversial singing of the Shoot the Boer song by Julius Malema was a focus of media attention during the period of March 3, 2010 to September 12, 2011.This study aims to analyse the discourses participants draw on in the expression of their positions of race and identity in selected online texts, as well as the different meanings and interpretations the Shoot the Boer song has acquired over time. Using the data drawn from three court rulings, namely the South Gauteng High Court, North Gauteng High Court and the Equality Court and commentaries from various online websites, this project focuses on the various ways in which issues of race are realised through language by focusing on the construction and interpretation of Julius Malema and the Shoot the Boer song within different contextual spaces. This study uses a critical discourse analysis framework, as well as theories of intertextuality, resemiotization, contextand chronotope to analyse the texts which were generated in response to the song. Key findings include the ways in which participants who consider themselves as part of a minority group, construct themselves as 'victims‘ in relation to Malema and the singing of the song. Similarly, another key finding is that the broader discourse of fear exhibited in the various commentaries links to a general fear of 'black power‘ where Malema is a signifier of this 'black power.‘ Overall, the thesis argues that the meanings of the song are multiple and shift with the changing chronotopia of its performance. It therefore support Blommaert‘s (2005) emphasis on the importance of 'text trajectories‘ in establishing the meaning of texts, and argues that the historical meanings associated with the Shoot the Boer song form a complex set of frames on which different participants draw when interpreting the song in 2010.

The purpose of this paper is to explore whether there is an absolute right to freedom of expression with regard to hate speech, and more specifically, whether tolerance should be exercised toward speech even in circumstances where this speech presents a clear and present danger to the public. The author will use legal research methods to analyze this question. The paper will delve into four major Supreme Court cases in the case of hate speech, as well as the decision by the Virginia Court that allowed the rally in Charlottesville which ended with the death of 32-year old woman. The aim is to determine how the Supreme Court has looked at hateful expression over the years and the status of hate speech in America today. The four major cases are Brandenburg v. Ohio (1969), National Socialist Party of America v. Village of Skokie (1977), R.A.V v. City of St. Paul (1992), and Virginia v. Black (2003). Although the case of Kessler v. Charlottesville (2017) is not a Supreme Court case, its significance in relation to the right to freedom of expression is no less than those precedent four cases. This incident and related legal cases bring the concerns about hate speech and the constitutional right to freedom of expression directly into the public discourse.