Since the conspicuously broad and vague definition of terrorism in the USA PATRIOT Act, signed into legislation on October 26, 2001 to increase governmental power in domestic security procedures, legal doctrine and normative practices of free speech have become sites of struggle over the meaning of both terrorism and freedom of expression. In 2005, twelve cartoonists drew the Prophet Muhammad for the Danish newspaper Jyllands-Posten. The subsequent reprints and republications led to boycotts, protests, and riots in over 27 countries culminating in at least 139 deaths. Now known as the Danish cartoons controversy, news and entertainment sources alike narrate a story about protecting a fundamental characteristic of American identity—free speech—in the face of a terrorist threat. In American universities, David Horowitz’s proposed legislation, the Academic Bill of Rights, targets Left academics, who, according to Horowitz, “influence, in a negative way, America’s war on terror.” In August 2008, protesters at the Republican National Convention were formally charged with conspiracy to riot in furtherance of terrorism. In this dissertation, I explore how the rhetoric of free speech is a naturalizing and legitimating ideology employed to organize people around particular interests and mobilize them toward particular political ends. My research is guided by the question: How has the ideological terrain of the First Amendment—specifically, the right to free speech—changed since September 11, 2001, and why? I argue that rhetoricians should approach the traditional free speech narrative as part of an instrumental political act, as opposed to a universal principle. Cast as a discursive tool in a hegemonic struggle, the traditional free speech narrative offers the potential to open up spaces of protest and infuse ordinary citizens with political agency. Using the method of ideology critique, I develop and test these arguments through three case studies of free speech since the terrorist attacks of September 11, 2001: the Danish cartoons controversy, David Horowitz’s Academic Freedom Campaign, and protests during the 2008 Republican National Convention. / text

A presente tese tem por objetivo propor uma reformulação do papel do Estado na garantia da liberdade de expressão. Em um primeiro momento, expõem-se as principais premissas teóricas em torno do caráter multifuncional do princípio da liberdade de manifestação do pensamento, sua análise histórica em sede de Direito Comparado e a sua posição preferencial no processo de ponderação. Demonstra-se, em um segundo momento, a possibilidade de conflito entre a liberdade de expressão e os demais bens constitucionais. Na Terceira Parte, elabora-se uma síntese das principais idéias em torno da concepção democrática, ilustrando a atuação da jurisprudência estrangeira e a possibilidade de instituição de uma doutrina da equidade no ordenamento brasileiro. / This thesis intends to restructure States way of act on the guarantee of freedom of expression. First of all, will be presented the main theories about the multi-faced character of fundamental rights. After that, will be demonstrated that free speech can be in conflict with other constitutional principles. Finnaly, a synthesis of the main ideas around the democratic ideal, illustrated by precedent cases of foreign Courts, showing that is possible to institute a fairness doctrine in Brazil.

A presente tese tem por objetivo propor uma reformulação do papel do Estado na garantia da liberdade de expressão. Em um primeiro momento, expõem-se as principais premissas teóricas em torno do caráter multifuncional do princípio da liberdade de manifestação do pensamento, sua análise histórica em sede de Direito Comparado e a sua posição preferencial no processo de ponderação. Demonstra-se, em um segundo momento, a possibilidade de conflito entre a liberdade de expressão e os demais bens constitucionais. Na Terceira Parte, elabora-se uma síntese das principais idéias em torno da concepção democrática, ilustrando a atuação da jurisprudência estrangeira e a possibilidade de instituição de uma doutrina da equidade no ordenamento brasileiro. / This thesis intends to restructure States way of act on the guarantee of freedom of expression. First of all, will be presented the main theories about the multi-faced character of fundamental rights. After that, will be demonstrated that free speech can be in conflict with other constitutional principles. Finnaly, a synthesis of the main ideas around the democratic ideal, illustrated by precedent cases of foreign Courts, showing that is possible to institute a fairness doctrine in Brazil.

The purpose of this essay is to analyze and determine if the National Security Law implemented in Hong Kong is in contradiction or in accordances with John Stuart Mill’s four grounds of free speech. What contradictions or accordances can be found between the law and the four grounds of free speech? The theoretical background for this essay consists of information about the relation between Hong Kong and China, the law and its contents, definition of the four grounds of free speech and the protection of free speech in other forms. A qualitative content analysis was done with the use of a systemic analysis to achieve the purpose. The findings where categorized according to the four grounds of free speech. The essay concludes that all the four grounds are contested. This is due to the law granting the government of Hong Kong and its various bodies additional power to control and supervise what is spoken and written. One instance of accordance was found between the law and the four grounds. Furthermore, the right to freedom of speech will diminish on various levels across the region of Hong Kong and the criminalization of an opinion has effectively been instated by the law.

Legal rights for public employees are not clear in the area of social media speech. Following the Garcetti v Ceballos (2006) U.S. Supreme Court case, the pursuant to duty test was established. The social media speech of public employees, including educators, could be considered pursuant to their duties as an employee. This means that public employees are vulnerable to disciplinary action from their employer for social media speech. Furthermore, public employees are vulnerable even when they believe their social media speech is done as a private citizen. For this research study, 28 cases at the federal and state levels were analyzed. Seven of the examined cases were U.S. Supreme Court cases involving public employee speech rights. The other 21 cases were extracted from cases determined at the federal and state levels. The cases taking place after the Garcetti v Ceballos (2006) pursuant to duty test were analyzed to see how the test was applied to employee speech. Cases were also analyzed to see what other precedents from the courts had been applied. Additionally, private sector social media rights research was analyzed and reviewed to create more clarity for employees. The findings of the research show the courts have tested employee speech under the Pickering balancing test and the pursuant to duty test. The results of the case analyses were applied to provide clarity to employees regarding social media speech rights. Employee social media speech has to pass both tests to allow First Amendment protections. Employers need to create organization policy and training on this matter to protect the interest of both the organization and employees regarding avoidance of controversy.

Some Muslim immigrants in the United States have difficulty reconciling American free speech rights with the blasphemy component of Islamic law, which often requires death for those who criticize Islam. Little academic literature addresses reconciliation of Islamic beliefs with the Constitutional right to free speech or information on Muslim political participation regarding free speech. Using policy feedback theory as the foundation, the purpose of this phenomenological study was to understand the experiences of Muslim immigrants who practice Islam in a free speech society. Data were collected from a sample of 10 immigrant Muslim imams, scholars, and community leaders in Virginia regarding blasphemy laws, and examination of their acculturation experiences and political participation in the United States where insults against religion are protected. Interview transcripts were coded using attribute, anchor, descriptive, and in vivo codes and then subjected to thematic analysis. Findings indicate that participants shared diverse experiences, but most believed that education and dialogue are the best solutions to blasphemy. Some would accept certain blasphemy restrictions, but others opposed any punishment. All were happy with life in America and had little interest in influencing free speech policies, unless free speech were at risk. Then, some would lobby as groups against free speech restrictions, supporting the policy feedback theory. Findings influence positive social change by encouraging dialogue with Muslims, discouraging anti-Muslim immigration policies and Sharia bans, and reducing fears of Muslim immigrants imposing strict blasphemy punishments. Policymakers, the public, and Muslims would benefit from the reduced Islamophobia.

This study aims to examine the impact of and the interconnection between Twitter and Free Speech, with a focus in Swedish policy and culture, as well as the differences regarding Jack Dorsey’s versus Elon Musk’s management of Twitter Inc. An analysis based in conceptual history examines the utilization of Freedom of Speech through the ages which is then complemented by a Critical discourse analysis of Twitter and the culture wars being waged in Sweden. The usage of Bourdieu’s Forms of Capital and his ideas about fast-thinking and invisible censorship is used to illuminate the ways of which Twitter is being used as well as theway Twitter is, in return, using its user base. This study shows that Twitter lacks traditional accountability usually afforded media companies who are in the business of publicizing information and public opinion. This lack of accountability has led to the misuse and abusive way which Free Speech is being utilized on Twitter, with evidence based in the Swedish culture wars

This thesis explores the tension between free speech and its potential to cause harm. I specifically illustrate how it works in anti-vaccination dialogues on social media websites. This thesis questions whether there is an appropriate limit to free speech in order to protect public health.

Made available in DSpace on 2016-03-15T19:34:00Z (GMT). No. of bitstreams: 1 Ruth Carolina Rodrigues Sgrignolli.pdf: 1524290 bytes, checksum: 03154c412be09bf8ee2d475b2656f1c1 (MD5) Previous issue date: 2013-08-14 / This study aims to analyze how the regulatory framework meets the principles of television constitutional freedom of expression contained in Article 5, X, in addition to compliance with the educational, cultural and artistic activities, according to article 221, I. Based on this premise, it is analyzed the standards of most relevance to this particular sector, considering the broadcast television (broadcasting of images and sounds) and private television (governed by the telecommunications laws). In addition, the study aims to put into perspective the how television market works and the way it is organized in order to provide or facilitate the compliance with constitutional constraints. Nevertheless, it is important to address crucial issues of regulatory law and administrative law, and explore the issues relating to freedom of speech, the expression of thought, information, observing always the limits of state intervention in this sector, which although regulated, and full of challenges, there should always be free communication. / O presente trabalho tem por objetivo analisar como o marco regulatório da televisão atende os pressupostos constitucionais de liberdade de expressão, contido no artigo 5o, X, além da observância das finalidades educativas, culturais e artísticas, conforme artigo 221, I. Com base nesta premissa, são analisadas as normas de maior relevância para este setor específico, considerando a televisão aberta (radiodifusão de sons e imagens) e a televisão fechada (regida pela legislação das telecomunicações). Além disso, este trabalho tem por objetivo analisar de modo amplo o funcionamento do mercado da televisão e mostrar de que maneira seu surgimento e a forma pela qual se organiza propicia ou facilita o atendimento das imposições constitucionais. No mais, será importante abordar temas cruciais de direito regulatório e direito administrativo, além de explorar os temas relativos à liberdade de expressão, de manifestação do pensamento, de informação, verificando-se sempre o limite da intervenção do Estado neste setor que, embora regulado e cheio de desafios, deve observar sempre a comunicação livre.

Will community television one day be lamented in the same way as the Glenn Valley Bridge Club in Pennsylvania, where no one remains 'who can tell us precisely when or why the group broke up' (Putnam, 2000: 15)? Robert Putnam's bestseller Bowling Alone proposed that people 'need to reconnect with one another' and rebuild their communities for the good of society. Although he may not have succeeded in instigating a revival of lawn bowls and bridge, Putnam did spark a debate about the meaning of "community" today and its role in bringing about positive social change. At a time when the communications landscape is set to transform with the introduction of digital broadcasting technology, this thesis looks at the status of community broadcasting and its role within civil society. Taking Australia's community television sector as its starting point, it aims to define the pressures, public philosophies and policy decisions that make community broadcasting what it is. This thesis is structured thematically and geographically. The introductory chapters establish the research question in relation to Australia's community broadcasting sector. As well as tracing the intellectual path of community media studies, it sets out to locate community broadcasting within broader intellectual debates around notions of community, governance and the media. These are brought back to the "on-the-ground" reality throughout the thesis by means of policy analysis, interviews and anecdotal evidence. Chapters Three to Five map out the themes of access, the public interest and development by reference to community broadcasting in different regions. In North America I explore notions of free speech and first-come-first served models of access. In Europe, notions of "quality", public service broadcasting and the difficult relationship that community broadcasting has with public interest values. Through the Third World and the Third Way I examine how community broadcasting is implicated within development discourse and ideas of social change. The final chapter of the thesis moves into the virtual region of the Internet, looking at changing notions of access and the relevance of new communications rationales to the community broadcasting project. At the intersection of the various themes and models discussed throughout the thesis exists a strong rationale for the future of community broadcasting. Although new technologies may be interpreted as the beginning of the end of community broadcasting, I have argued that in fact it is an idea whose time has come.