The three Articles that comprise this Dissertation explore how free expression and judicial federalism regulate hurtful speech and promised silence. The Articles tackle torts and free speech, contracts and free speech, and a comparative variation on those two themes. Judicial federalism threads all three Articles. The first Article, Silencing State Courts, argues that the current mode of enforcing the First Amendment against state common law speech torts fails to promote cooperative judicial federalism. Second, Silence for Sale argues that state courts should free themselves from constitutional straitjackets and recognize a robust public policy of free expression that voids some nondisclosure agreements. Finally, Comparative Judicial Federalism argues that the strength of a federal free speech guarantee varies with a country's particular species of judicial federalism. By comparing free speech and judicial federalism in the United States and Australia, it argues that Australia’s judicial federalism augments its implied freedom of political communication.

Wu, Shujun. / Thesis (M.Phil.)--Chinese University of Hong Kong, 2011. / Includes bibliographical references (leave 31). / Abstracts in English and Chinese.

<p>The aim of this bachelor thesis is to make a theoretical analysis of the democratic development in the Iraqi Kurdistan and to distinguish its democratic character. It has occurred a radical change in the political structure after the Kurdish uprising in the northern region of Iraq in relation with the Kuwaiti war in 1991. The situation in the Kurdish region became more and more acute when they where exposed of international sanctions mandated under UN and economic embargo by the Baghdad regime. This political vacuum led ironically to the establishment of the political institutions in the region. The theoretical framework is constructed thru the democratic theory presented in Robert Dahls discussion of polyarki and Arend Lijpharts theory of consociational democracy. Thus my method of this thesis is a qualitative case-study research. The empirical sources contain one interview and the rest is different types of documents. The result of the study shows that the Kurdish democracy contains elements of polyarki and consociational democracy, but it fails on the fundamental democratic principle: freedom of speech. Even though there are insufficiencies in the freedom of speech, the Kurdish democracy can be classified as a developing democracy.</p>

Thesis (Ed. D.)--Lehigh University, 2006. / Includes vita. Includes bibliographical references (leaves 217-223).

Thesis (Ph. D.)--Ohio State University, 2006. / Title from first page of PDF file. Includes bibliographical references (p. 214-225).

Cable TV refers to the transmission of visual and audio signals to the public by laying cables. Article 5 of the Cable Radio and Television Law says: ¡§System operators installing the networks themselves shall apply to the roads authority for approval if the networks are to be laid underground¡K¡¨ The roads authority on the regional level is the Township Office. Road right granted by the roads authority is usually valid for one year. Cable TV is a licensed business; business licenses issued by the Government Information Office, Executive Yuan are in 9-year term. Although it is subject to the restrictions and regulations of the same laws as public utilities, the business does not enjoy the deserved protection. Hence, system operators often come across setbacks in their operation, which are undoubtedly potential threats to their survival and development. However, contrasting this to the development history of Taiwan¡¦s cable TV industry, it seems from the result that the government institution has played a critical role. Importance of the government¡¦s initiative to moderately liberalize the public goods for creation of an open environment, and to put more emphasis on the overall system planning for the industry development at different stages is beyond words. This study not only analyzes the impact of the Cable Radio and Television Law and regional laws on the system, but also takes real-life examples into consideration, to explain the importance of public interest and freedom of speech for liberalization of routing rights. The question is tackled in different approaches and from different viewpoints, in order to understand the problems and difficulties that system operators face when applying for routing rights from the Township Office. The study expects to provide some positive assistance and suggestions to the industry and the government, for avoidance of improper market intervention.

The study should be seen as an attempt to examine how a group of selected muslims from seven different cities in Sweden relate to Lars Vilks’s drawings of the prophet Muhammed (also called the roundabout dog) and if they feel that their attitude towards the drawings has changed during the seven years that have passed since the first drawing was published in the newspaper Närkes Allehanda in 2007. To understand these selected muslims’ approach, experiences and feelings in regards to the drawings I examine in what aspect they find the drawings provocative. I also examine what consequences Vilks’s roundabout dog-project might have had  for individual muslims in Sweden. The result portrays their individual reactions, experiences, feelings, views and thoughts on Vilks’s roundabout dog-project. The answers from the informants have been analyzed and discussed based on hermeneutic research theory. The informants own recount and the following analysis the study contributes to the understanding of the facts behind the perceived provocation of the images of the prophet Muhammad.

This thesis provides an overview over the existing and emerging correlation of the Internet and Human Rights with the main focus on the human right to freedom of expression. It looks at how freedom of expression is protected and curtailed at the same time by regulation in the global context and nationally and how it could be protected in the future. Firstly, it will address general issues and problems connected with the Internet and Human Rights, like equal access to the new technology, and terrorism and the defence of freedom. It will look at the relationship of freedom of expression and other human rights, especially the right to privacy. Secondly, it will examine the applicability of international human rights agreements and the opportunities offered by them. It will also look at the possibility of drafting a new piece of international legislation and the effectiveness of national regulation. Although in some areas international consensus may be easier to achieve, for example in many aspects of criminal law enforcement, it is unrealistic to expect that countries with different cultural values will agree upon a single set of rules for the whole world. International harmonisation strategies are clearly an important response to the jurisdictional difficulties of Internet regulation, but they can't be the ultimate and single solution. But national regulation faces its problems, too. Due to the character of the Internet as a transnational medium and its borderless flow of information the nation state only has limited possibilities to effectively regulate the Internet within its borders and it has to accept a loss of sovereignty in cyberspace. Although regulation in some areas may be effective, complete control is impossible which will be shown. Thirdly, it will consider the different approaches that are available to regulate and control content on the Internet, their effectiveness and their influence on the human right to freedom of expression. It will illustrate in various examples in form of case studies the difficulties of Internet regulation. It will also provide an overview over selfrating schemes and filtering and blocking software and the problems connected with them. The liability of Internet Service Providers will be examined and alternatives to government control of the Internet will be discussed.

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.

Anthropologists have frequently used music in general and popular music in particular as a means to gain a perspective into everyday realities of young Africans lives. Attempting to place myself amongst this range of researchers, I use the position of Rwandan hip-hop as a point of departure to examine how young men in Kigali relate to and shape their realities in terms of politics, freedom of expression, and the creation of space and opportunities in the Rwandan society. My study is based on two and a half months of fieldwork in Kigali during the period between August and October of 2013. The empirical material upon which my arguments rely consists of interviews with young hip-hop Rwandans located in Kigali, who were almost exclusively male. It is also drawn from classical anthropological methods of participant observations and daily partaking in the lives of my informants. My analytical understanding of this material is mainly based upon notions of agency and structure, and contextualized within contemporary Africanist scholars’ research on modern music and youth. By looking at the historical context of Rwanda, the current state of youth in Kigali, and the contemporary atmosphere of politics and hip-hop music, I seek to understand the contradictive role of music as an arena for youth to express themselves. Through the stories of young hip-hop men, I describe and communicate their perceptions of constrains related to historical and socio-political sensitivities, feelings of fear connected to outspokenness, and alternative means to voice their opinions. I illustrate how these young men use innovative strategies and metaphorical language as a way to negotiate with some of these constrains as well as to influence each other and embody senses of oppositional opinions and collective empowerment. I also examine how national politics and governmental initiatives have increasingly become intertwined with the music and how it is trying to take advantage of its attractiveness as a youth medium. Ultimately, I discuss how the impact of Rwandan hip-hop can be seen as double-ended, serving the interests of both governmental policies and the youth who in different ways are trying to liberate themselves from political constrains, and how this affect the empowering potential of the music.