Search results for 'freedom of expression' (try it on Scholar)

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  1. Ricardo Restrepo (2013). Democratic Freedom of Expression. Open Journal of Philosophy 3 (3):380-390.score: 549.0
    This paper suggests the democratic direction in which the right of freedom of expression should be conceived and applied. In the first two sections it suggests some counter-examples to, and diagnoses of, the libertarian and liberal conceptions of freedom of expression, taking Scanlon (1972) and Scanlon (1979), respectively, to be their chief proponents. The paper suggests that these conceptions cannot take into account clear examples, like fraudulent propaganda, which should not be legal. The democratic conception takes (...)
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  2. Corey Brettschneider (2010). When the State Speaks, What Should It Say? The Dilemmas of Freedom of Expression and Democratic Persuasion. Perspectives on Politics 8 (4):1005-1019.score: 540.0
    Hate groups are often thought to reveal a paradox in liberal thinking. On the one hand, such groups challenge the very foundations of liberal thought, including core values of equality and freedom. On the other hand, these same values underlie the rights such as freedom of expression and association that protect hate groups. Thus a liberal democratic state that extends those protections to such groups in the name of value neutrality and freedom of expression may (...)
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  3. Alan Haworth (2007). On Mill, Infallibility, and Freedom of Expression. Res Publica 13 (1):77-100.score: 540.0
    Philosophers have tended to dismiss John Stuart Mill’s claim that ‘all silencing of discussion is an assumption of infallibility’. I argue that Mill’s ‘infallibility claim’ is indeed open to many objections, but that, contrary to the consensus, those objections fail to defeat the anti-authoritarian thesis which lies at its core. I then argue that Mill’s consequentialist case for the liberty of thought and discussion is likewise capable of withstanding some familiar objections. My purpose is to suggest that Mill’s anti-authoritarianism and (...)
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  4. Monica Mookherjee (2007). Permitting Dishonour: Culture, Gender and Freedom of Expression. Res Publica 13 (1):29-52.score: 540.0
    While the right to freedom of expression is of great importance in liberal societies, liberal governments should be wary of speech that disparages minority groups. This issue is particularly problematic when minority women publicly criticise gender oppression within their communities. By focusing on the controversy over the play Behzti in 2004, this article explores the difficulties involved in protecting individual women’s rights to criticise injustice, when doing so risks perpetuating negative stereotypes in society at large. If liberal polities (...)
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  5. Raymond Plant (2011). Religion, Identity and Freedom of Expression. Res Publica 17 (1):7-20.score: 497.0
    This article examines the issues raised by religious adherents’ wish to express their beliefs in the public domain through, for example, their modes of dress, their performance of public roles, and their response to homosexuality. It considers on what grounds religion might merit special treatment and how special that treatment should be. A common approach to these issues is through the notion of religious identity, but both the idea of religious identity and its use to ground claims against others prove (...)
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  6. Peter Jones (2011). Religious Belief and Freedom of Expression: Is Offensiveness Really the Issue? Res Publica 17 (1):75-90.score: 486.0
    An objection frequently brought against critical or satirical expressions, especially when these target religions, is that they are ‘offensive’. In this article, I indicate why the existence of diverse and conflicting beliefs gives people an incentive to formulate their complaints in the language of offence. But I also cast doubt on whether people, in saying they are offended really mean to present that as the foundation of their complaint and, if they do, whether their complaint should weigh with us. These (...)
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  7. Lawrence B. Solum (1989). Freedom of Communicative Action. Northwestern University Law Review 83 (1):54-135.score: 396.0
    The thesis of "Freedom of Communicative Action" is that Jurgen Habermas's theory of communicative action illuminated the deep structure of the First Amendment freedom of speech. Haberams's theory takes speech act theory as its point of departure. Communicative action coordinates indivudal behavior through rational understanding. Communicative action is distinguished from strategic action--the use of communication to manipulate, deceive, or coerce. Part I offers an introduction. Part II outlines a hermeneutic approach to interpretation of the First Amendent. Part III (...)
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  8. Algimantas Šindeikis (2013). Freedom of Speech and Its Limits During Two Decades of Independence. Jurisprudence 20 (3):1023-1060.score: 396.0
    Freedom of speech has been essential in building democracy in Lithuania after regaining its independence. Exercise of the constitutional freedom of expression (Article 25 of the Constitution of the Republic of Lithuania) within the societies following constitutional values is the major factor shaping the political will of citizens. Wide-ranging, all round public discussion about all public interest issues is possible only when it is subject to due freedom of information. In indirect democracy, strong disseminator of information (...)
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  9. Algimantas Šindeikis (2010). Freedom of Expression v. Honour and Dignity: Is the Practice by Lithuania's Courts Constitutional? (text only in Lithuanian). Jurisprudence 120 (2):121-157.score: 375.0
    The constitutional right to self-expression, used by societies professing democratic values (Constitution, Article 25), is a highly important feature for forming the political will of the citizenry. A broad, multi-sided public discussion on all issues of public interest is only possible with the existence of an appropriate amount of freedom of information. A strong mechanism for disseminating information that operates between citizens and the parliament is able to generate a sphere for discussion and mutual influence which are essential (...)
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  10. Christian F. Rostbøll (2011). Freedom of Expression, Deliberation, Autonomy and Respect. European Journal of Political Theory 10 (1):5-21.score: 369.0
    This paper elaborates on the deliberative democracy argument for freedom of expression in terms of its relationship to different dimensions of autonomy. It engages the objection that Enlightenment theories pose a threat to cultures that reject autonomy and argues that autonomy-based democracy is not only compatible with but necessary for respect for cultural diversity. On the basis of an intersubjective epistemology, it argues that people cannot know how to live on mutually respectful terms without engaging in public deliberation (...)
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  11. Raphael Cohen-Almagor (2013). Freedom of Expression V. Social Responsibility: Holocaust Denial in Canada. Journal of Mass Media Ethics 28 (1):42 - 56.score: 369.0
    (2013). Freedom of Expression v. Social Responsibility: Holocaust Denial in Canada. Journal of Mass Media Ethics: Vol. 28, No. 1, pp. 42-56. doi: 10.1080/08900523.2012.746119.
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  12. Edward I. Pitts (1986). Spinoza on Freedom of Expression. Journal of the History of Ideas 47 (1):21-35.score: 369.0
    Two unique aspects of spinoza's theory of freedom of expression are explored in depth-Its articulation of a positive liberty of expression, And the distinction it draws between pure expressive acts and speech intended as action. Spinoza's theory is then applied to cases where speech causes harm. His theory is explicitly distinguished from that of mill, And it is concluded that his theory, Although not without faults, Avoids several difficulties of other liberal theories.
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  13. Hanneke Van Schooten (2003). Freedom of Expression in the Dutch Constitution: Censorship and Sense Construction. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 16 (2):139-154.score: 369.0
    Models of communication,frequently used in legal semiotics, offeran analytic framework for the relationshipbetween legal rules on the one hand andcorresponding behaviour on the other.Semiotic models seek to clarify(un)successful legal communication; theytry to reveal the processes ofinterpretation and sense construction. Theessence of these models is that thesubstantive meaning of a rule can (orcannot) be transmitted in a `flow model'of information. The models are based upona linear causality of ruleinformation. In this paper, the processesof sense construction are described,taking the freedom of (...)
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  14. David O. Brink (2001). Millian Principles, Freedom of Expression, and Hate Speech. Legal Theory 7 (2):119-157.score: 360.0
    Hate speech employs discriminatory epithets to insult and stigmatize others on the basis of their race, gender, sexual orientation, or other forms of group membership. The regulation of hate speech is deservedly controversial, in part because debates over hate speech seem to have teased apart libertarian and egalitarian strands within the liberal tradition. In the civil rights movements of the 1960s, libertarian concerns with freedom of movement and association and equal opportunity pointed in the same direction as egalitarian concerns (...)
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  15. Mark C. Vopat (2010). Mandatory School Uniforms and Freedom of Expression. Ethics and Education 5 (3):203 - 215.score: 360.0
    On 10 December 2007 the Akron City School Board ? following the precedent set by many school systems across the United States and the world ? instituted a policy of mandatory school uniforms for all students in grades K?8. The measure was met with mixed reviews. While many parents supported the measure, a small group of parents from a selective, arts-focussed, middle school (grades 4?8) objected to the policy. It was their contention that children attending this particular school should be (...)
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  16. Re'em Segev (2008). Freedom of Expression: Justifications & Restrictions. Israel Democracy Institute.score: 360.0
    "Freedom of expression" is a complex notion that reflects various considerations and raises many questions related to their content and interaction. This paper is an abstract of a book that considers general aspects regarding the justification and the limits of freedom of expression and analyzes exiting law in light of this normative discussion. Particularly, it considers the way to determine the proper scope of freedom of expression; first-order and second-order considerations in favor and against (...)
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  17. Kenton F. Machina (1984). Freedom of Expression in Commerce. Law and Philosophy 3 (3):375 - 406.score: 360.0
    Does commercial speech deserve the same freedom from governmental interference as do noncommercial forms of expression? Examination of this question forces a reappraisal of the grounds upon which freedom of expression rests. I urge an analysis of those grounds which founds freedom of speech upon the requirements of individual autonomy over against society. I then apply the autonomy analysis to commercial expression by examining the empirical features which distinguish commercial forms of expression. Some (...)
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  18. Masami Matsuda (2002). HIV/AIDS and Professional Freedom of Expression in Japan. Nursing Ethics 9 (4):432-438.score: 360.0
    A senior physician with a government role in Japan made a widely reported and misleading statement about Thailand’s policy on HIV/AIDS patients. He claimed that in Thailand the policy is to spend public money on the prevention of HIV infection while allowing AIDS patients to die untreated. The author, a community nursing specialist in Japan with first-hand knowledge of HIV/AIDS policy in Thailand, thought that this statement would influence attitudes negatively in Japan. However, speaking out about this misrepresentation of the (...)
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  19. Marc Ramsay (2012). The Status of Hearers'rights in Freedom of Expression. Legal Theory 18 (1):31-68.score: 360.0
    Freedom of expression is often treated as a right held by speakers, with hearers holding only a derivative right to receive expression. Roger Shiner in particular argues that we should recognize hearers rights. However, Larry Alexander argues that, if there is a moral right of freedom of expression, it is most plausibly a hearer's right to receive expression, not a speaker's right. I argue that hearers have a basic (or original) right to receive a (...)
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  20. Caleb Yong (2011). Does Freedom of Speech Include Hate Speech? Res Publica 17 (4):385-403.score: 342.0
    I take it that liberal justice recognises special protections against the restriction of speech and expression; this is what I call the Free Speech Principle. I ask if this Principle includes speech acts which might broadly be termed ‘hate speech’, where ‘includes’ is sensitive to the distinction between coverage and protection , and between speech that is regulable and speech that should be regulated . I suggest that ‘hate speech’ is too broad a designation to be usefully analysed as (...)
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  21. H. J. McCloskey (1982). Limits to Freedom of Expression. Journal of Value Inquiry 16 (1):47-58.score: 321.0
    This article examines the bases and limits to the right to liberty of expression. Both the extreme libertarian and the orthodox liberal views are rejected. Against them, It is argued that the right to liberty is to be defended both as a prima facie intrinsic moral right derivative from man's autonomy and as a conditional right deriving from man's right to access to intrinsic goods including knowledge, True belief, Self-Development. The rights so derived are not absolute rights, But rights (...)
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  22. Raphael Cohen-Almagor (2012). Freedom of Expression, Internet Responsibility, and Business Ethics: The Yahoo! Saga and Its Implications. [REVIEW] Journal of Business Ethics 106 (3):353-365.score: 315.0
    In the late 1990s, the Internet seemed a perfect medium for business: a facilitator of unlimited economical propositions to people without any regulatory limitations. Cases such as that of Yahoo! mark the beginning of the end of that illusion. They demonstrate that Internet service providers (ISPs) have to respect domestic state legislation in order to avoid legal risks. Yahoo! was wrong to ignore French national laws and the plea to remove Nazi memorabilia from its auction site. Its legal struggle proved (...)
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  23. Jonathan Riley (2005). J. S. Mill's Doctrine of Freedom of Expression. Utilitas 17 (2):147-179.score: 312.0
    Mill's free speech doctrine is distinct from, yet compatible with, his central principle of ‘purely self-regarding’ liberty. Using the crucial analogy with trade, I claim that he defends a broad laissez-faire policy for expression, even though expression is ‘social’ or other-regarding conduct and thus legitimately subject to social regulation. An expedient laissez-faire policy admits of exceptions because speakers can sometimes cause such severe damage to others that coercive interference with the speech is justified. In those relatively few contexts (...)
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  24. Peter Vallentyne (1996). Freedom of Expression, Hate Speech, and Censorship. For Good Reason.score: 306.0
    In a narrow sense, hate speech is symbolic representation that expresses, hatred, contempt, or disregard for another person or group of persons. The use of deeply insulting racial or ethnic epithets is an example of such hate speech. In a broader sense, hate speech also includes the symbolic representation of views are deeply offensive to others. The expression of the view that women are morally inferior to (or less intelligent than) men is example of hate speech in the broader (...)
     
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  25. Danny Frederick (2011). Pornography and Freedom. Kritike: An Online Journal of Philosophy 5 (2):84-95.score: 306.0
    I defend pornography as an important aspect of freedom of expression, which is essential for autonomy, self-development, the growth of knowledge and human flourishing. I rebut the allegations that pornography depraves and corrupts, degrades women, is harmful to children, exposes third parties to risk of offence or assault, and violates women’s civil rights and liberties. I contend that suppressing pornography would have a range of unintended evil consequences, including loss of beneficial technology, creeping censorship, black markets, corruption and (...)
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  26. Yi-Hui Huang (2001). Should a Public Relations Code of Ethics Be Enforced? Journal of Business Ethics 31 (3):259 - 270.score: 306.0
    Whether or not a public relations code of ethics should be enforced, among others, has become one of the most widely controversial topics, especially after the Hill and Knowlton case in 1992. I take the position that ethical codes should be enforced and address this issue from eight aspects: (a) Is a code of ethics an absolute prerequisite of professionalism? (b) Should problems of rhetoric per se in a code of ethics become a rationale against code enforcement? (c) Is a (...)
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  27. J. Angelo Corlett (2006). The Philosophy of Joel Feinberg. Journal of Ethics 10 (1-2):131 - 2.score: 306.0
    This paper is offered as a tribute to Joel Feinberg. The first section of the paper applies Feinberg’s analysis of freedom of expression to a contemporary case of academic freedom. The second section engages Feinberg’s work on rights and punishment. The paper ends with numerous quotations from Feinberg’s vast array of writings, words that express his ideas on a number of important problems that occupied his mind throughout his fruitful and influential career.
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  28. Re'em Segev (2001). Freedom of Expression Against Governmental Authorities. Israel Democracy Institute.score: 306.0
    The subject of this study is the justification for limiting negative expression directed at the government: its institutions and public officials, in order to preserve public faith in government. This paper is an abstract of a book that considers this question. The conclusion is that since the value of speech concerned with the performance of government is very high and the interest in protecting the status of government is limited and typically not substantial, there is generally no justification for (...)
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  29. Noam Chomsky, Some Elementary Comments on The Rights of Freedom of Expression.score: 306.0
    Before I turn to the subject on which I have been asked to comment, two clarifications are necessary. The remarks that follow are limited in two crucial respects. First: I am concerned here solely with a narrow and specific topic, namely, the right of free expression of ideas, conclusions and beliefs. I have nothing to say here about the work of Robert Faurisson or his critics, of which I know very little, or about the topics they address, concerning (...)
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  30. Anine Kierulf & Helge Rønning (eds.) (2009). Freedom of Speech Abridged?: Cultural, Legal and Philosophical Challenges. Nordicom.score: 306.0
  31. Michael Forster, The Liberal Temper in Classical German Philosophy: Freedom of Thought and Expression.score: 297.0
    Consideration of the German philosophy and political history of the past century might well give the impression, and often does give foreign observers the impression, that liberalism, including in particular commitment to the ideal of free thought and expression, is only skin-deep in Germany. Were not Heidegger's disgust at Gerede (which of course really meant the free speech of the Weimar Republic) and Gadamer's defense of "prejudice" and "tradition" more reflective of the true instincts of German philosophy than, say, (...)
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  32. Ian Leigh (2011). Damned If They Do, Damned If They Don't: The European Court of Human Rights and the Protection of Religion From Attack. Res Publica 17 (1):55-73.score: 297.0
    The approach of the European Court of Human Rights to cases of religiously offensive expression is inconsistent and unsatisfactory. A critical analysis of the Court’s jurisprudence on blasphemy, religious insult and religious hatred identifies three problems with its approach in this field. These are: the embellishment and over-emphasis of freedom of religion, the use of the margin of appreciation and the devaluing of some forms of offensive speech. Nevertheless, it is possible to defend a more coherent approach to (...)
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  33. Rūta Petkuvienė, Asta Atraškevičiūtė & Artūras Petkus (2012). Enforcement of Freedom of Assembly in Lithuania and European Union: Legal and Practical Aspects. Jurisprudence 19 (1):49-70.score: 297.0
    This article analyses implementation of freedom of assembly within Lithuania and in some other States of the European Union. Attention is paid to the differences in the implementation practices for this freedom while analysing probability of restriction of freedom of assembly in the light of legal, political and social factors. The article aims to substantiate that the quality of decision while adopting spreading ideas and expressed views during peaceful meetings, or adopting them later, or dismissing in general, (...)
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  34. Thomas Scanlon (1972). A Theory of Freedom of Expression. Philosophy and Public Affairs 1 (2):204-226.score: 279.0
    The JSTOR Archive is a trusted digital repository providing for long-term preservation and access to leading academic journals and scholarly literature from around the world. The Archive is supported by libraries, scholarly societies, publishers, and foundations. It is an initiative of JSTOR, a not-for-profit organization with a mission to help the scholarly community take advantage of advances in technology. For more information regarding JSTOR, please contact support@jstor.org.
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  35. Emma Sjöström (2010). Shareholders as Norm Entrepreneurs for Corporate Social Responsibility. Journal of Business Ethics 94 (2):177 - 191.score: 279.0
    This article advances the idea that shareholders who seek to influence corporate behaviour can be understood analytically as norm entrepreneurs. These are actors who seek to persuade others to adopt a new standard of appropriateness. The article thus goes beyond studies which focus on the influence of shareholder activism on single instances of corporate conduct, as it recognises shareholders' potential as change agents for more widely shared norms about corporate responsibilities. The article includes the empirical example of US internet technology (...)
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  36. Mari Orser (1994). Pornography and the Justifiability of Restricting Freedom of Expression. Journal of Social Philosophy 25 (3):40-64.score: 279.0
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  37. Michael Davis (1983). Kant's Fourth Defense of Freedom of Expression. Southern Journal of Philosophy 21 (1):13-29.score: 279.0
  38. Moshe Cohen-Eliya & Yoav Hammer (2004). Advertisements, Stereotypes, and Freedom of Expression. Journal of Social Philosophy 35 (2):165–187.score: 279.0
  39. Andreea Tereza Nitisor (2010). Speaking the Despicable: Blasphemy in Literature. Journal for the Study of Religions and Ideologies 6 (16):69-79.score: 279.0
    This article examines the controversial issue of blasphemy in literature from the viewpoint of reception inside and outside the academia. The thesis of the article is that blasphemy in literature, though inherently related to religion and language, has a plurality of connotations and interpretations (dissidence, intertextuality, critique of colonialism, discursive strategy, alterity/Otherness, ethnicity, subversive text). Consequently, blasphemy in literature is an incentive for fruitful discussions regarding tolerance, freedom of expression, and the re-situation of the (post)modern self in today’s (...)
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  40. Stanley S. Kleinberg (1995). Teichman, Freedom of Expression and the Public Platform. Journal of Applied Philosophy 12 (1):95-100.score: 279.0
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  41. Ian Kerr & Jane Bailey (2004). The Implications of Digital Rights Management for Privacy and Freedom of Expression. Journal of Information, Communication and Ethics in Society 2 (2):85-95.score: 279.0
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  42. John K. Nelson (forthcoming). Freedom of Expression: The Very Modern Practice of Visiting a Shinto Shrine. Japanese Journal of Religious Studies.score: 279.0
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  43. Julie Van Camp (forthcoming). Freedom of Expression at the National Endowment for the Arts: An Opportunity for Interdisciplinary Education. Journal of Aesthetic Education.score: 279.0
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  44. E. Cline (1995). Here Comes a Chopper to Chop Off Your Head-Freedom of Expression Vs Censorship in America. Journal of Information Ethics 4 (2):18-32.score: 279.0
     
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  45. Joshua Cohen (1993). Freedom of Expression. Philosophy and Public Affairs 22 (3):207-263.score: 270.0
  46. Robert Amdur (1980). Scanlon on Freedom of Expression. Philosophy and Public Affairs 9 (3):287-300.score: 270.0
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  47. Catriona Mckinnon (2007). Should We Tolerate Holocaust Denial? Res Publica 13 (1):9-28.score: 270.0
    Holocaust denial (HD) is the activity of denying the occurrence of key events and processes which constitute the Holocaust. Should it be tolerated? HD brings into particularly sharp focus many difficult questions faced by defenders of content-neutral liberal principles protecting freedom of expression. I argue that there are insufficient grounds for the legal prohibition of HD, but that society has the right and the duty to expel and exclude deniers from the Academy.
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  48. Eric Barendt (2011). Religious Hatred Laws: Protecting Groups or Belief? Res Publica 17 (1):41-53.score: 270.0
    This article examines the issues raised by recent legislation proscribing incitement to religious hatred. In particular, it examines how far arguments for prohibiting racist hate speech apply also to the prohibition of religious hate speech. It identifies a number of significant differences between race and religion. It also examines several questions raised by the prohibition of religious hate speech, including the meaning and scope of religious identity, why that identity should receive special protection, and whether protection should be directed to (...)
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  49. Peter Jones (2011). Introduction: Religion and Freedom of Expression. Res Publica 17 (1):1-6.score: 270.0
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  50. Jonathan Riley (2003). K. C. O'Rourke, John Stuart Mill and Freedom of Expression: The Genesis of a Theory, London and New York, Routledge, 2001, Pp. Viii + 226. [REVIEW] Utilitas 15 (03):374-.score: 270.0
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